Abreu v. Derosa ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7174
MARCELINO ABREU,
Petitioner - Appellant,
versus
C. J. DEROSA, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-03-456-7)
Submitted: November 19, 2003 Decided: December 4, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Marcelino Abreu, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marcelino Abreu, a federal prisoner, appeals the district
court’s order denying relief on his petition filed under 28 U.S.C.
§ 2241 (2000). Because Abreu is incarcerated in New Jersey, the
district court in Virginia had no jurisdiction over his § 2241
petition. To the extent the district court considered the petition
as a motion under 28 U.S.C. § 2255 (2000), the court correctly
concluded it was subject to dismissal as successive. Accordingly,
we affirm the district court’s order. We decline to authorize Abreu
to file a successive petition. See United States v. Winestock, 340
F.3d 200, 208 (4th Cir. 2003), cert. denied, U.S. , 2003 WL
22232622 (U.S. Nov. 3, 2003) (No. 03-6548). We have reviewed the
record and find no reversible error. Accordingly, we affirm on the
reasoning of the district court. See Abreu v. Derosa, No. CA-03-
456-7 (W.D. Va. July 21, 2003). 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