Caesarea James v. Anne Carter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6154
CAESAREA DEVELLE JAMES, JR.,
Petitioner - Appellant,
v.
ANNE MARY CARTER, The Warden of MCI of the Federal
Correctional Institution of Morgantown,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
District Judge. (2:14-cv-00042-JPB-JES)
Submitted: November 30, 2015 Decided: December 4, 2015
Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Caesarea Develle James, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Caesarea Develle James, Jr., a federal prisoner, appeals
the district court’s order accepting the recommendation of the
magistrate judge to deny relief on James’ 28 U.S.C. § 2241
(2012) petition and/or Fed. R. Civ. P. 60(b) motion. * We have
reviewed the record and find no reversible error. Accordingly,
although we grant leave to proceed in forma pauperis, we affirm
for the reasons stated by the district court. James v. Carter,
No. 2:14-cv-00042-JPB-JES (N.D. W. Va. Oct. 29, 2014). We
further deny as moot James’ motion for a preliminary injunction.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
*
We construed James’ untimely notice of appeal as a motion
for extension of time to file a notice of appeal and,
accordingly, remanded to the district court to determine whether
James had demonstrated excusable neglect or good cause
warranting an extension of the appeal period. On remand, the
district court made the necessary findings and granted the
motion for extension of time.
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