United States v. Porter ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8053
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WAYNE PORTER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-85-62, CA-01-577)
Submitted: June 10, 2002 Decided: June 24, 2002
Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Wayne Porter, Appellant Pro Se. Kenneth Davis Bell, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wayne Porter seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2001). We have reviewed the record and the district court’s opinion
and find no reversible error. Accordingly, we deny a certificate
of appealability and dismiss the appeal substantially on the
reasoning of the district court. See United States v. Porter, Nos.
CR-85-62; CA-01-577 (W.D.N.C. filed Oct. 24, 2002; entered Oct. 25,
2002). In addition, we find that Porter’s claims do not fall within
§ 2255’s savings clause. Thus, we decline Porter’s invitation to
construe his claim under 28 U.S.C. § 2241 (1994). See In re Jones,
226 F.3d 328, 334-35 (4th Cir. 2000) (providing standard for
seeking relief under § 2241 based on the inadequacy of § 2255). 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.
DISMISSED
2