U.S. Court of Appeals for the Fourth Circuit, 2016

Mark Fowler v. Kenny Atkinson

Mark Fowler v. Kenny Atkinson
U.S. Court of Appeals for the Fourth Circuit · Decided August 30, 2016

Mark Fowler v. Kenny Atkinson

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6381

MARK FOWLER, Petitioner - Appellant, v. KENNY ATKINSON, Respondent – Appellee, and CRAIG APKER, Respondent.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:14-hc-02070-BO)

Submitted: August 25, 2016 Decided: August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Fowler, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Mark Fowler, a federal prisoner, appeals the district court’s orders denying relief on his 28 U.S.C. § 2241 (2012) petition and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm. * Fowler v. Atkinson, No. 5:14-hc-02070-BO (E.D.N.C. Jan. 28, 2016 & Feb. 25, 2016). 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

* To the extent that Fowler characterizes his informal brief as a petition for writ of mandamus, mandamus is not a substitute for appeal. United States v. Moussaoui, 333 F.3d 509, 517 (4th Cir. 2003).

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