Kunta Redd v. Eric Wilson , 703 F. App'x 196 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7266
KUNTA K. REDD,
Petitioner - Appellant,
v.
ERIC WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. John A. Gibney, Jr., District Judge. (3:17-cv-00393-JAG-RCY)
Submitted: November 16, 2017 Decided: November 21, 2017
Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Kunta K. Redd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kunta K. Redd, a federal prisoner, appeals the district court’s order dismissing his
28 U.S.C. § 2241 (2012) petition for lack of jurisdiction. We have reviewed the record
and find no reversible error. Redd has failed to satisfy his burden of demonstrating that
28 U.S.C. § 2255 (2012) is an inadequate or ineffective means of challenging the validity
of his detention. See Rice v. Rivera, 617 F.3d 802, 807 (4th Cir. 2010); United States v.
Poole, 531 F.3d 263, 267 n.7 (4th Cir. 2008). The district court lacked jurisdiction over
Redd’s petition, Rice, 617 F.3d at 807, and we therefore grant leave to proceed in forma
pauperis, modify the district court’s order, Redd v. Wilson, No. 3:17-cv-00393-JAG-RCY
(E.D. Va. Sept. 14, 2017), to reflect a dismissal without prejudice, and affirm the
dismissal as modified, 28 U.S.C. § 2106 (2012). We deny Redd’s motion to appoint
counsel and 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 AS MODIFIED
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