Kimberlin v. Warden ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7011
BRETT C. KIMBERLIN,
Plaintiff - Appellant,
versus
WARDEN,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Williams, Jr., District Judge.
(CA-04-2881-AW)
Submitted: February 22, 2006 Decided: March 8, 2006
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brett C. Kimberlin, Appellant Pro Se. Tamera Lynn Fine, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brett C. Kimberlin filed a petition under 28 U.S.C.
§ 2241 (2000), which the district court construed as a motion under
28 U.S.C. § 2255 (2000), and dismissed for lack of jurisdiction.
Although the district court construed the § 2241 petition as a
§ 2255 motion, Kimberlin clearly intended to file a § 2241
petition. Kimberlin asserts on appeal that § 2255 is inadequate
and ineffective to test the legality of his detention and contends
that his claims should be considered in the context of his § 2241
petition. Because Kimberlin does not meet the standard set forth
in In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000), we affirm the
denial of relief. 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
- 2 -