Angelo Galloway v. Eric Wilson ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-7436
    ANGELO GALLOWAY,
    Petitioner - Appellant,
    v.
    ERIC WILSON,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Mark S. Davis, District Judge. (2:16-cv-00348-MSD-LRL)
    Submitted: February 28, 2017                                      Decided: April 12, 2017
    Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
    Affirmed as modified by unpublished per curiam opinion.
    Angelo Galloway, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Angelo Galloway, a federal prisoner, appeals the district court’s order dismissing
    his 
    28 U.S.C. § 2241
     (2012) petition for lack of jurisdiction. We review the district
    court’s dismissal order de novo. See Yi v. Fed. Bureau of Prisons, 
    412 F.3d 526
    , 530
    (4th Cir. 2005). Upon a thorough review of the record, we conclude that the district court
    properly determined that it lacked authority to consider the merits of Galloway’s claims
    under § 2241, as he failed to demonstrate that 
    28 U.S.C. § 2255
     (2012) was “inadequate
    or ineffective to test the legality of his detention.” 
    28 U.S.C. § 2255
    (e); see In re Jones,
    
    226 F.3d 328
    , 333-34 (4th Cir. 2000) (describing test).
    Accordingly, although we grant leave to proceed in forma pauperis, we modify the
    district court’s dismissal to one without prejudice and affirm as modified for the reasons
    stated by the district court. Galloway v. Wilson, No. 2:16-cv-00348-MSD-LRL (E.D.
    Va. Oct. 4, 2016); see S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at
    Broadlands, LLC, 
    713 F.3d 175
    , 185 (4th Cir. 2013) (recognizing that dismissal for
    defect in subject matter jurisdiction “must be one without prejudice”).           We deny
    Galloway’s motions for bail or release pending appeal and for summary judgment. 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
    2
    

Document Info

Docket Number: 16-7436

Judges: Shedd, Keenan, Harris

Filed Date: 4/12/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024