840 F.2d 11 (4th Cir. 1988), 87-7285, Lovern v. U.S.

Docket Nº:87-7285.
Citation:840 F.2d 11
Party Name:W. Michael LOVERN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
Case Date:February 16, 1988
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 11

840 F.2d 11 (4th Cir. 1988)

W. Michael LOVERN, Petitioner-Appellant,

v.

UNITED STATES of America, Respondent-Appellee.

No. 87-7285.

United States Court of Appeals, Fourth Circuit

February 16, 1988

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Submitted Nov. 30, 1987.

E.D.N.C.

AFFIRMED.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Chief District Judge. (C/A No. 87-188-HC).

Before K.K. HALL, SPROUSE, and WILKINSON, Circuit Judges.

W. Michael Lovern, appellant pro se.

James Gordon Carpenter, Assistant U.S. Attorney, for appellee.

PER CURIAM:

W. Michael Lovern appeals the denial of his 28 U.S.C. § 2241 petition which he filed in the Eastern District of North Carolina while he was undergoing evaluation at Butner Federal Correctional Institute. He requested that his conviction, which was imposed by the court sitting in the Eastern District of Virginia, be vacated. The North Carolina district court denied the petition because Lovern was released from Butner before the action was filed. In addition, the court stated that Lovern's attack on his conviction was properly brought pursuant to 28 U.S.C. § 2255. As such, it would have to be brought in the court that sentenced him.

Although Lovern alleged that his petition was received by the court while he was...

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