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  • Boniella v. Bledsoe, 4th Cir. (1999)

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    David Boniella appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Boniella's request to proceed in forma pauperis and dismissed the appeal, agreeing with the district court's reasoning for dismissing the § 2241 petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

    Original Description:

    Filed: 1999-01-20 Precedential Status: Non-Precedential Docket: 98-7602

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    David Boniella appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Boniella's request to proceed in forma pauperis and dismissed the appeal, agreeing with the district court's reasoning for dismissing the § 2241 petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

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    Boniella v. Bledsoe, 4th Cir. (1999)

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    David Boniella appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Boniella's request to proceed in forma pauperis and dismissed the appeal, agreeing with the district court's reasoning for dismissing the § 2241 petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7602

    DAVID BONIELLA,
    Petitioner - Appellant,
    versus
    B. A. BLEDSOE, Warden, Federal Correctional
    Institution, Morgantown, WV,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg. William M. Kidd, Senior
    District Judge. (CA-98-140-1)

    Submitted:

    January 7, 1999

    Decided:

    January 20, 1999

    Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    David Boniella, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David Boniella appeals the district courts order dismissing
    without predjudice his 28 U.S.C. 2241 (1994) petition.

    We have

    reviewed the record and the district courts opinion and find no
    reversible error.

    Accordingly, we deny leave to proceed in forma

    pauperis and dismiss the appeal on the reasoning of the district


    court.

    See Boniella v. Bledsoe, No. CA-98-140-1 (N.D.W. Va. Oct.

    20, 1998).

    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.

    DISMISSED

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