Pfeffer v. McBride , 241 F. App'x 910 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6296
ANTHONY PFEFFER,
Petitioner - Appellant,
versus
THOMAS MCBRIDE, Warden, Mount Olive
Correctional Complex,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Robert C. Chambers,
District Judge. (2:06-cv-00030)
Submitted: July 9, 2007 Decided: July 17, 2007
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Anthony Pfeffer, Appellant Pro Se. Robert David Goldberg, OFFICE
OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Pfeffer appeals the district court’s January 5,
2007 order granting him in forma pauperis status on his appeal of
the denial of his 28 U.S.C. § 2254 (2000) petition, but applying
the filing fee provisions of the Prisoner Litigation Reform Act, 28
U.S.C. § 1915 (2000), to Pfeffer’s appeal. Subsequently, the
district court entered an order on February 16, 2007, in which it
granted in forma pauperis status but did not require Pfeffer to pay
a filing fee to prosecute his appeal. We grant Pfeffer in forma
pauperis status in his underlying appeal and vacate the district
court’s January 5, 2007 order. We remand with instructions that
any fee collected pursuant to the January 5, 2007 order be refunded
to Pfeffer. 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.
VACATED AND REMANDED
- 2 -