Summey v. Haynes ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6953
FREDERICK R. SUMMEY,
Petitioner - Appellant,
v.
AL HAYNES, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:05-cv-00109-JPB)
Submitted: April 23, 2008 Decided: May 5, 2008
Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Frederick R. Summey, Appellant Pro Se. Alan Gordon McGonigal,
OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frederick R. Summey filed a petition under 28 U.S.C.
§ 2241 (2000), seeking to challenge his sentence in light of
Shepard v. United States, 544 U.S. 13 (2005). The district court
construed the § 2241 petition as a motion under 28 U.S.C. § 2255(2000), and dismissed for lack of jurisdiction. Summey asserts
that § 2255 is inadequate and ineffective to test the legality of
his detention and contends that his claims should be considered
under § 2241 pursuant to the savings clause in § 2255. Because
Summey does not meet the standard set forth in In re Jones, 226
F.3d 328, 333-34 (4th Cir. 2000), for application of the savings
clause, we affirm the district court’s order. 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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