Clark v. United States ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6778
ROBERT DEAN CLARK,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CA-00-128-BO-5)
Submitted: August 15, 2000 Decided: August 31, 2000
Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Dean Clark, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Dean Clark appeals the district court’s order dismiss-
ing his 28 U.S.C.A. § 2241 (West 1994) petition. We have reviewed
the record and the district court’s opinion and find no reversible
error. Accordingly, we affirm the dismissal of Clark’s § 2241
petition on the reasoning of the district court. See Clark v.
United States, No. CA-00-128-BO-5 (E.D.N.C. May 5, 2000). In addi-
tion, Clark moved for a hearing under 18 U.S.C.A. § 4247(h) (West
Supp. 2000). The district court’s order did not address the §
4247(h) motion; however, because such a motion must be filed “with
the court that ordered the commitment,” 18 U.S.C.A. § 4247(h), the
district court was without authority to rule. We deny Clark’s
motion for appointment of counsel on appeal and 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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