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TIMMS v. JOHNS

No. 10-6496.

627 F.3d 525 (2010)

Gerald Wayne TIMMS, Petitioner-Appellee, v. Tracy JOHNS, Warden, FCI Butner, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2010.

Attorney(s) appearing for the Case

ARGUED: Anisha S. Dasgupta , United States Department of Justice, Washington, D.C., for Appellant. Kearns Davis , Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for Appellee. ON BRIEF: Tony West , Assistant Attorney General, Beth S. Brinkman , Deputy Assistant Attorney General, Mark B. Stern , Samantha L. Chaifetz , United States Department of Justice, Washington, D.C.; George E.B. Holding , United States Attorney, R.A. Renfer, Jr. , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Andrew T. Tripp , Brooks, Pierce, McLendon, Humphrey & Leonard, Raleigh, North Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge MOTZ and Judge AGEE joined.

OPINION

TRAXLER, Chief Judge:

This appeal arises out of Gerald Wayne Timms' petition for a writ of habeas corpus under 28 U.S.C.A. § 2241 (West 2006 & Supp.2010), challenging the government's efforts to commit him civilly as a "sexually dangerous person" under the provisions of 18 U.S.C.A. § 4248 (West Supp.2010). For the reasons set forth below, we vacate the district court's order granting habeas relief to Timms and remand with instructions...

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