Thomas Isbell v. Russell Purdue ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7943
THOMAS J. ISBELL,
Petitioner - Appellant,
v.
RUSSELL PURDUE, f/k/a Purdue, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
Chief District Judge. (2:12-cv-00058-JPB-DJJ)
Submitted: March 28, 2013 Decided: April 1, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas J. Isbell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas J. Isbell, a federal prisoner, appeals the
district court’s order denying his motion to reconsider the
order denying relief on his 28 U.S.C.A. § 2241 (West Supp. 2012)
petition challenging his detention. Although the district court
denied relief on the merits, we conclude that Isbell did not
meet the criteria for proceeding under § 2241 in the first
instance, because he failed to demonstrate that 28 U.S.C.A.
§ 2255 (West Supp. 2012) was inadequate or ineffective to test
his detention. In re Jones, 226 F.3d 328, 333-34 (4th Cir.
2000). Accordingly, we affirm. 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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