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43 F. App'x 716

Randolph v. Gal

U.S. Courts of Appeals

Decided September 3, 2002

U.S. Courts of Appeals · decided 2002-09-03

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)

Dismissed by unpublished PER CURIAM opinion · Decided 2002-09-03

PER CURIAM.

¶1 Charles Randolph, Jr., seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2002). * We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Randolph *717 v. Gal, No. CA-01-642-9-22RB (D.S.C. Aug. 80, 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 DISMISSED.

*

¶3 Although Randolph brought this action pursuant to 28 U.S.C. § 2241 (2000), the district court correctly construed it as Randolph's second § 2255 motion.

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