Orville Wright v. Eric Wilson ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7741
ORVILLE ISAAC WRIGHT,
Petitioner - Appellant,
v.
WARDEN ERIC WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:13-cv-01040-GBL-TRJ)
Submitted: February 20, 2014 Decided: April 24, 2014
Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Orville Isaac Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Orville Isaac Wright, a federal prisoner, appeals the
district court’s order denying relief on his 28 U.S.C. § 2241(2012) petition. The district court correctly held that
Wright’s claim, attacking his 1996 sentence for drug conspiracy,
must be raised in a motion under 28 U.S.C. § 2255 because Wright
did not establish that he is entitled to proceed under § 2241
pursuant to the “savings clause” of § 2255(e). See In re Jones,
226 F.3d 328, 333-34 (4th Cir. 2000). Furthermore, the district
court correctly ruled that the petition, construed as a § 2255
motion, was subject to dismissal as unauthorized and successive.
28 U.S.C. § 2255(h). Accordingly, although we grant leave to
proceed in forma pauperis, we affirm the judgment of the
district court. 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
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