Orville Wright v. Eric Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999240853-2] Originating case number: 1:13-cv-01040-GBL-TRJ. Copies to all parties and the district court/agency. [999342648]. Mailed to: Orville Wright. [13-7741]

Appeal: 13-7741

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Filed: 04/24/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7741

ORVILLE ISAAC WRIGHT,
Petitioner - Appellant,
v.
WARDEN ERIC WILSON,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:13-cv-01040-GBL-TRJ)

Submitted:

February 20, 2014

Decided:

April 24, 2014

Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Orville Isaac Wright, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-7741

Doc: 10

Filed: 04/24/2014

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PER CURIAM:
Orville Isaac Wright, a federal prisoner, appeals the
district court’s order denying relief on his 28 U.S.C. § 2241
(2012)

petition.

The

district

court

correctly

held

that

Wright’s claim, attacking his 1996 sentence for drug conspiracy,
must be raised in a motion under 28 U.S.C. § 2255 because Wright
did not establish that he is entitled to proceed under § 2241
pursuant to the “savings clause” of § 2255(e).
226 F.3d 328, 333-34 (4th Cir. 2000).

See In re Jones,

Furthermore, the district

court correctly ruled that the petition, construed as a § 2255
motion, was subject to dismissal as unauthorized and successive.
28 U.S.C. § 2255(h).
proceed
district

in

facts

pauperis,

court.

and

materials

forma

legal
before

Accordingly, although we grant leave to

We

dispense

we

affirm

with

oral

the

argument

contentions

are

adequately

this

and

argument

court

judgment

of

the

because

the

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

2