RUFUS v. WARDEN (2021)

United States Court of Appeals, Fourth Circuit.

Michael Alonza RUFUS, Petitioner - Appellant, v. WARDEN, Coffee Correctional Institution, Respondent - Appellee.

No. 20-7469

Decided: July 30, 2021

Before GREGORY, Chief Judge, and WILKINSON and NIEMEYER, Circuit Judges.

Michael Alonza Rufus, Appellant Pro Se.

Michael Alonza Rufus appeals the district court's order adopting the magistrate judge's recommendation and dismissing his 28 U.S.C. § 2241 petition for relief from a supervised release violation warrant in his federal criminal case. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order, see Rufus v. Warden, No. 6:20-cv-01104-MBS (D.S.C. Sept. 8, 2020), but we modify the dismissal to be without prejudice, see 28 U.S.C. § 2106; Timms v. Johns, 627 F.3d 525, 533 (4th Cir. 2010). 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

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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