Jackie Adams v. Eric Wilson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7229
JACKIE VICTOR ADAMS,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:16-cv-00541-AWA-LRL)
Submitted: February 26, 2018 Decided: March 7, 2018
Before GREGORY, Chief Judge, HARRIS, Circuit Judge, and SHEDD, Senior Circuit
Judge.
Affirmed as modified by unpublished per curiam opinion.
Jackie Victor Adams, Appellant Pro Se. William Buchanan Jackson, OFFICE OF THE
UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Jackie Victor Adams, a federal prisoner, appeals the district court’s order
accepting the magistrate judge’s recommendation to dismiss with prejudice Adams’ 28
U.S.C. § 2241 (2012) petition in which Adams sought to challenge his armed career
criminal designation. We have reviewed the record and find no reversible error. Adams
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). As such, the district court lacked jurisdiction to consider the merits of
Adams’ petition. Rice, 617 F.3d at 807. Accordingly, we grant leave to proceed in forma
pauperis, modify the district court’s judgment to reflect that the dismissal of Adams’
petition is without prejudice, and affirm the district court’s judgment as modified. See S.
Walk at Broadlands Homeowner’s Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d
175, 185 (4th Cir. 2013). 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 AS MODIFIED
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