Carroll v. Compton ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6234
DAVID CARROLL,
Petitioner - Appellant,
versus
B. G. COMPTON,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(CA-04-1)
Submitted: June 24, 2004 Decided: June 30, 2004
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David Carroll, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David Carroll, a federal prisoner, appeals the district
court’s orders denying relief on his petition filed under 28 U.S.C.
§ 2241 (2000), and his motion filed pursuant to Fed. R. Civ. P.
59(e). We have reviewed the record and find no reversible error.
Carroll is not entitled to proceed under § 2241 because 28 U.S.C.
§ 2255 (2000) provides an effective and adequate remedy for his
claims, see In re Vial, 115 F.3d 1192, 1194 n.5 (4th Cir. 1997)
(procedural bar from filing § 2255 motion does not render § 2255
remedy inadequate or ineffective), and we find no abuse of the
district court’s discretion in its denial of Carroll’s Rule 59(e)
motion. See Temkin v. Frederick County Comm’rs, 945 F.2d 716, 724
(4th Cir. 1991). Accordingly, we affirm both orders. 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
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