Summary
applying Fourth Circuit saving clause jurisprudence to petition arising from conviction and sentence in Eleventh Circuit
Summary of this case from Bartko v. GeterOpinion
No. 14-6008
04-29-2014
DAVID MORGENSTERN, Petitioner - Appellant, v. WARDEN JUSTIN ANDREWS, Respondent - Appellee.
David Morgenstern, Appellant Pro Se. Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:12-hc-02209-FL) Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. David Morgenstern, Appellant Pro Se. Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
David Morgenstern, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Morgenstern v. Andrews, No. 5:12-hc-02209-FL (E.D.N.C. Dec. 3, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED