David Cain, Jr. v. Warden Streeval ( 2023 )

USCA4 Appeal: 22-7440 Doc: 15 Filed: 12/18/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7440
DAVID CAIN, JR.,
Petitioner - Appellant,
v.
WARDEN STREEVAL,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Thomas T. Cullen, District Judge. (7:21-cv-00338-TTC-RSB)
Submitted: December 14, 2023 Decided: December 18, 2023
Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
David Cain, Jr., Appellant Pro Se. Laura Taylor, OFFICE OF THE UNITED STATES
ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7440 Doc: 15 Filed: 12/18/2023 Pg: 2 of 2
PER CURIAM:
David Cain, Jr., appeals the district court’s orders dismissing his 28 U.S.C. § 2241petition and denying reconsideration. In light of the Supreme Court’s decision in Jones v.
Hendrix, 599 U.S. 465, 477-80 (2023) (holding that petitioner cannot use § 2241 petition
to mount successive collateral attack on validity of federal conviction or sentence), we
conclude that Cain cannot pursue his claims in a § 2241 petition. Accordingly, we affirm
the district court’s orders. Cain v. Streeval, No. 7:21-cv-00338-TTC-RSB (W.D. Va. July
28, 2022; Oct. 17, 2022). We deny Cain’s motion to appoint counsel. 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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