Thomas v. United States , 56 F. App'x 127 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7151
ALVON ALLEN THOMAS,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CA-02-426-1)
Submitted: December 9, 2002 Decided: January 28, 2003
Before WILLIAMS and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Alvon Allen Thomas, Appellant Pro Se. Benjamin H. White, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alvon Allen Thomas, a federal prisoner, appeals the district
court’s order accepting the recommendation of the magistrate judge
and dismissing for failure to file in the proper court his petition
filed under 28 U.S.C. § 2241 (2000). We grant Thomas’s motion for
leave to proceed in forma pauperis. We have reviewed the record
and find no reversible error. Accordingly, we affirm substantially
on the reasoning of the district court, but modify the district
court’s order to reflect that the dismissal is without prejudice to
Thomas’ right to refile in the proper court. See Thomas v. United
States, No. CA-02-426-1 (M.D.N.C. filed July 2, 2002, entered July
5, 2002). 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 AS MODIFIED
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