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  • Brown v. Gal, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerard Brown's appeal from a district court order that construed his petition filed under 28 U.S.C. § 2241 as a petition under 28 U.S.C. § 2255 and transferred the case to a different district court. The Fourth Circuit found no reversible error in the district court's decision after reviewing the record. The appeal was dismissed on the reasoning provided by the district court in its earlier order.

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    Filed: 2001-09-26 Precedential Status: Non-Precedential Docket: 01-6517

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerard Brown's appeal from a district court order that construed his petition filed under 28 U.S.C. § 2241 as a petition under 28 U.S.C. § 2255 and transferred the case to a different district court. The Fourth Circuit found no reversible error in the district court's decision after reviewing the record. The appeal was dismissed on the reasoning provided by the district court in its earlier order.

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    6 views2 pages

    Brown v. Gal, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Gerard Brown's appeal from a district court order that construed his petition filed under 28 U.S.C. § 2241 as a petition under 28 U.S.C. § 2255 and transferred the case to a different district court. The Fourth Circuit found no reversible error in the district court's decision after reviewing the record. The appeal was dismissed on the reasoning provided by the district court in its earlier order.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6517

    GERARD VALMORE BROWN,


    Petitioner - Appellant,
    versus
    STEPHEN GAL, Warden of FCI - Estill; UNITED
    STATES OF AMERICA,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (CA-00-2221-6-20-AK)

    Submitted:

    September 20, 2001

    Decided:

    September 26, 2001

    Before LUTTIG, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Gerard Valmore Brown, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gerard Brown appeals from the district courts order construing his petition filed pursuant to 28 U.S.C. 2241 (1994) as
    one filed under 28 U.S.C.A. 2255 (West Supp. 2001), and transferring the case to the District Court for the Middle District of
    North Carolina.

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    a certificate of appealability and dismiss the appeal on the reasoning of the district court. Brown v. Gal, No. CA-00-2221-6-20-AK
    (D.S.C. Dec. 21, 2000). 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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