UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7747
MANUEL RAUL MONTERO,
Petitioner - Appellant,
versus
WILLIAM JEFFERSON CLINTON, Former President;
ALL AMERICAN PREZ ET,
Respondents - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Charles H. Haden II,
District Judge. (CA-03-2162-2)
Submitted: January 29, 2004 Decided: February 9, 2004
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Manuel Raul Montero, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Manuel Raul Montero, a federal prisoner, appeals the
district court’s order accepting the recommendation of the
magistrate judge and dismissing for failure to file in the proper
court his petition filed under 28 U.S.C. § 2241 (2000). We have
reviewed the record and find no reversible error. Accordingly, we
affirm on the reasoning of the district court, but modify the
district court’s order to reflect that the dismissal is without
prejudice to Montero’s right to refile in the proper court. See
Montero v. Clinton, No. CA-03-2162-2 (S.D.W. Va. Oct. 17, 2003).
We grant Montero’s motion for leave to proceed in forma pauperis.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
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