Timothy Ruff v. Justin Andrews ( 2021 )


Menu:
  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 21-6259
    TIMOTHY LAMONT RUFF,
    Petitioner - Appellant,
    v.
    WARDEN JUSTIN ANDREWS,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. Terrence W. Boyle, District Judge. (5:19-hc-02323-BO)
    Submitted: July 20, 2021                                          Decided: July 23, 2021
    Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Timothy Lamont Ruff, Appellant Pro Se. Asia Jamar Prince, OFFICE OF THE UNITED
    STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Timothy Lamont Ruff, a federal prisoner, appeals the district court’s order
    dismissing his 
    28 U.S.C. § 2241
     petition in which he sought to challenge his convictions
    by way of the savings clause in 
    28 U.S.C. § 2255
    . Pursuant to § 2255(e), a prisoner may
    challenge his convictions in a traditional writ of habeas corpus under § 2241 if a § 2255
    motion would be inadequate or ineffective to test the legality of his detention. Here, the
    district court correctly determined that Ruff may not challenge the validity of his
    convictions through a § 2241 petition. See In re Jones, 
    226 F.3d 328
    , 333-34 (4th Cir.
    2000). Accordingly, we affirm for the reasons stated by the district court. Ruff v. Andrews,
    No. 5:19-hc-02323-BO (E.D.N.C. Jan. 12, 2021). 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
    2
    

Document Info

Docket Number: 21-6259

Filed Date: 7/23/2021

Precedential Status: Non-Precedential

Modified Date: 7/23/2021