UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6622

NATHAN RAILEY, filing as amicus curiae for Whitey Bulger, Petitioner - Appellant, v. THE FEDERAL BUREAU OF PRISONS, Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:18-cv-00199-GMG)

Submitted: September 24, 2019 Decided: September 27, 2019

Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Nathan Railey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nathan Railey, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and 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. Railey v. Fed. Bureau of Prisons, No. 3:18-cv-00199-GMG (N.D.W. Va. Apr. 11, 2019). However, because the district court dismissed Railey’s petition for lack of standing, we modify the dismissal order to reflect that the dismissal is without prejudice. See S. Walk at Broadlands Homeowner’s Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 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 AS MODIFIED