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  • Barlow v. Dewalt, 4th Cir. (2002)

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    Charles Terrence Barlow appealed a district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition, which the court construed as a 28 U.S.C.A. § 2255 motion. The Fourth Circuit Court of Appeals reviewed the record and affirmed the district court's ruling, finding no reversible error in the reasoning that Barlow's petition was properly construed as a § 2255 motion. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2002-02-06 Precedential Status: Non-Precedential Docket: 01-7134

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    Charles Terrence Barlow appealed a district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition, which the court construed as a 28 U.S.C.A. § 2255 motion. The Fourth Circuit Court of Appeals reviewed the record and affirmed the district court's ruling, finding no reversible error in the reasoning that Barlow's petition was properly construed as a § 2255 motion. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    4 views2 pages

    Barlow v. Dewalt, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Charles Terrence Barlow appealed a district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition, which the court construed as a 28 U.S.C.A. § 2255 motion. The Fourth Circuit Court of Appeals reviewed the record and affirmed the district court's ruling, finding no reversible error in the reasoning that Barlow's petition was properly construed as a § 2255 motion. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7134

    CHARLES TERRENCE BARLOW,


    Petitioner - Appellant,
    versus
    STEPHEN M. DEWALT,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    W. Earl Britt, Senior
    District Judge. (CA-01-401-5-BR)

    Submitted:

    January 31, 2002

    Decided:

    February 6, 2002

    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Charles Terrence Barlow, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Charles Terrence Barlow appeals from the district courts
    order dismissing his 28 U.S.C. 2241 (1994) petition without prejudice, which the court properly construed as a 28 U.S.C.A. 2255
    (West Supp. 2001) motion.

    We have reviewed the record and the dis-

    trict courts opinion and find no reversible error.


    we affirm on the reasoning of the district court.

    Accordingly,
    Barlow v.

    Dewalt, No. CA-01-401-5-BR (E.D.N.C. filed June 12, 2001; entered


    June 14, 2001).

    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

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