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  • Hernandez v. Maldonado, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Victor Hernandez against the warden of FCI Estill under 28 U.S.C. 2241. The district court adopted the magistrate's recommendation and dismissed Hernandez's petition without prejudice. The Fourth Circuit affirmed the district court's ruling, finding no errors in the district court's reasoning. The Fourth Circuit also granted Hernandez's request to proceed in forma pauperis on appeal.

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    Filed: 2004-12-15 Precedential Status: Non-Precedential Docket: 04-7208

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Victor Hernandez against the warden of FCI Estill under 28 U.S.C. 2241. The district court adopted the magistrate's recommendation and dismissed Hernandez's petition without prejudice. The Fourth Circuit affirmed the district court's ruling, finding no errors in the district court's reasoning. The Fourth Circuit also granted Hernandez's request to proceed in forma pauperis on appeal.

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    Public Domain
    Download as PDF or read online from Scribd
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    4 views2 pages

    Hernandez v. Maldonado, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Victor Hernandez against the warden of FCI Estill under 28 U.S.C. 2241. The district court adopted the magistrate's recommendation and dismissed Hernandez's petition without prejudice. The Fourth Circuit affirmed the district court's ruling, finding no errors in the district court's reasoning. The Fourth Circuit also granted Hernandez's request to proceed in forma pauperis on appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7208

    VICTOR HERNANDEZ,
    Plaintiff - Appellant,
    versus
    GERALD MALDONADO, Warden FCI Estill,
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. Margaret B. Seymour, District Judge.
    (CA-04-844)

    Submitted:

    December 9, 2004

    Decided:

    December 15, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Victor Hernandez, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Victor

    Hernandez

    appeals

    district

    court

    judgment

    adopting the magistrate judges report and recommendation and


    dismissing without prejudice his 28 U.S.C. 2241 (2000) petition.
    We have reviewed the record and the district courts order and
    affirm the appeal on the reasoning of the district court.

    We grant

    Hernandez leave to proceed in forma pauperis on appeal.

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court and
    argument would not aid the decisional process.

    AFFIRMED

    - 2 -

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