Nelson Rivas v. James Cross, (4th Cir. 2011)

Status: Not Published

Linked as:

Text

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-6600

NELSON RIVAS, a/k/a Nelson Rivas Alvarez,

Petitioner - Appellant,

v.

JAMES N. CROSS,

Respondent - Appellee.

Appeal from the United States District Court for the Northern

District of West Virginia, at Elkins. John Preston Bailey,

Chief District Judge. (2:10-cv-00098-JPB-DJJ)

Submitted: September 29, 2011 Decided: October 5, 2011

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Nelson Rivas, Appellant Pro Se. Alan McGonigal, Assistant

United States Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nelson Rivas, a federal prisoner, appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28U.S.C.A. § 2241 (West 2006 & Supp. 2011) petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Rivas v. Cross, No. 2:10-cv-00098-JPBDJJ (N.D.W. Va. Apr. 27, 2011). 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