Tucker v. United States ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6046
CORNELIUS TUCKER, JR.,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA; M. L. POLK, III,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (CA-05-756-FL-5)
Submitted: August 18, 2006 Decided: August 31, 2006
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cornelius Tucker, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Cornelius Tucker, Jr., is currently a state inmate, but
at the end of his state sentence, he will be turned over to federal
authorities, pursuant to 18 U.S.C. § 4243(a) (2000). Tucker filed
this 28 U.S.C. § 2241 (2000) petition for habeas corpus relief
against the United States, challenging the district court’s
decision to delay a hearing under 18 U.S.C. § 4243(c) (2000) until
Tucker’s release from state custody. As the judge below noted, the
district court’s decision to so delay the § 4243(c) hearing was
affirmed by this court in United States v. Tucker, 153 F. App’x 173
(4th Cir. Nov. 3, 2005) (No. 05-4336). Nothing has changed in the
interim to affect that decision. Therefore, the district court
properly dismissed Tucker’s petition, and we affirm that decision.
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
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