Larry Young v. Patricia Stansberry

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6235
LARRY ARNOLD YOUNG,
Petitioner – Appellant,
v.
PATRICIA R. STANSBERRY, Warden,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony J. Trenga,
District Judge. (1:09-cv-01276-AJT-TCB)
Submitted: June 23, 2011 Decided: July 6, 2011
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Larry Arnold Young, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Arnold Young appeals the district court’s order
dismissing without prejudice his 28 U.S.C. § 2241 (2006)
petition for failure to comply with the court’s order. We have
reviewed the record and affirm the dismissal, but modify the
disposition to dismissal with prejudice. In his § 2241
petition, Young sought a reduction in sentence based on
Amendment 657 to the United States Sentencing Guidelines.
Because Young previously sought this identical relief, and the
district court denied relief on the merits, see United States v.
Young, No. 1:88-cr-00112-1 (S.D. W. Va. Apr. 29, 2010); United
States v. Young, No. 1:88-cr-00112-1 (S.D. W. Va. Apr. 21,
2006), Young’s attempt to relitigate this claim is barred. We
therefore affirm the dismissal of the petition, but note that
the dismissal is with prejudice to Young’s ability to file
another motion seeking this same relief. Young’s motion to
proceed in forma pauperis is granted. 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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