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  • Prevatte v. Chapman, 4th Cir. (2008)

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    Russell Prevatte, a federal prisoner, filed a 28 U.S.C. § 2241 petition which was denied by the district court. Prevatte appealed the denial. The appeals court reviewed the record and found no reversible error, affirming the district court's denial of the petition for the reasons stated in its orders. The appeals court also denied Prevatte's motion to substitute party and dispensed with oral argument, determining the facts and legal issues were adequately presented in the case materials.

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    Filed: 2008-06-25 Precedential Status: Non-Precedential Docket: 08-6052

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    Russell Prevatte, a federal prisoner, filed a 28 U.S.C. § 2241 petition which was denied by the district court. Prevatte appealed the denial. The appeals court reviewed the record and found no reversible error, affirming the district court's denial of the petition for the reasons stated in its orders. The appeals court also denied Prevatte's motion to substitute party and dispensed with oral argument, determining the facts and legal issues were adequately presented in the case materials.

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    10 views2 pages

    Prevatte v. Chapman, 4th Cir. (2008)

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    Scribd Government Docs
    Russell Prevatte, a federal prisoner, filed a 28 U.S.C. § 2241 petition which was denied by the district court. Prevatte appealed the denial. The appeals court reviewed the record and found no reversible error, affirming the district court's denial of the petition for the reasons stated in its orders. The appeals court also denied Prevatte's motion to substitute party and dispensed with oral argument, determining the facts and legal issues were adequately presented in the case materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6052

    RUSSELL L. PREVATTE,
    Petitioner - Appellant,
    v.
    W. ELAINE CHAPMAN, Deputy Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
    District Judge. (5:07-hc-02040-H)

    Submitted:

    May 5, 2008

    Decided:

    June 25, 2008

    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Russell L. Prevatte, Appellant Pro Se. Steve R. Matheny, OFFICE OF


    THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Russell L. Prevatte, a federal prisoner, appeals the
    district courts orders denying relief on his 28 U.S.C. 2241
    (2000) petition and his motion for reconsideration.
    reviewed the record and find no reversible error.

    We have

    Accordingly, we

    affirm for the reasons stated by the district court.

    Prevatte v.

    Chapman, No. 5:07-hc-02040-H (E.D.N.C. Aug. 14, 2007; Nov. 19,


    2007). We deny Prevattes motion to substitute party. 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

    - 2 -

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