Barlow v. Dewalt

U.S. Courts of Appeals

Decided February 6, 2002

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U.S. Courts of Appeals · decided 2002-02-06

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Decided 2002-02-06

PER CURIAM.

¶1 Charles Terrence Barlow appeals from the district court’s 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 district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. 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.

¶2 AFFIRMED.