GALLARDO v. HUDGINS FCI (2021)

United States Court of Appeals, Fourth Circuit.2021-08-10No. No. 20-7016

Summary · law.co

Holding. The district court's orders dismissing Gallardo's § 2241 petition without prejudice for lack of jurisdiction and denying reconsideration were affirmed.

Garry David Gallardo, an incarcerated federal prisoner, challenged the district court's dismissal of his habeas corpus petition filed under 28 U.S.C. § 2241 on jurisdictional grounds, and also appealed the denial of his motion for reconsideration. The appellate court reviewed the entire record and found the district court's reasoning sound, identifying no errors that would warrant reversal of the lower court's decisions.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

District court jurisdiction over a federal prisoner's habeas corpus petition under § 2241
Timeliness of notice of appeal from a federal prisoner
Grounds for dismissal of habeas petitions

Procedural posture

Gallardo appealed the district court's dismissal of his § 2241 habeas petition for lack of jurisdiction and denial of his motion for reconsideration.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Garry David Gallardo, a federal prisoner, appeals the district courts orders dismissing his 28 U.S.C. § 2241 petition without prejudice for lack of jurisdiction and denying reconsideration.

We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Gallardo v. Hudgins, No. 5:20-cv-00020-JPB-JPM (N.D.W. Va. Apr. 29, 2020; Mar. 17, 2020). 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

FOOTNOTES

FOOTNOTE

. Although the notice of appeal was received by the district court after expiration of the appeal period, Gallardo has provided this Court a declaration under penalty of perjury that he gave his notice of appeal to prison officials for mailing before the period expired. See Fed. R. App. P. 4(c)(1)(B). Accordingly, we have jurisdiction over the appeal. PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.