Thomas Farmer v. R. Wolfe

Court of Appeals for the Fourth Circuit·Decided October 3, 2023·No. 23-6589·Unpublished

Opinion

USCA4 Appeal: 23-6589 Doc: 13 Filed: 10/03/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6589

THOMAS LEE FARMER,

Petitioner - Appellant,

v.

R.M. WOLFE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:21-cv-00147-JPB-JPM)

Submitted: September 28, 2023 Decided: October 3, 2023

Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas Lee Farmer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6589 Doc: 13 Filed: 10/03/2023 Pg: 2 of 2

PER CURIAM:

Thomas Lee Farmer appeals the district court’s order dismissing his 28 U.S.C.

§ 2241 petition. In light of the Supreme Court’s decision in Jones v. Hendrix, 143 S. Ct.

1857, 1867-69 (2023) (holding that a petitioner cannot use § 2241 petition to mount

successive collateral challenges to federal convictions or sentences), we conclude that

Farmer cannot pursue his claims in a § 2241 petition. Accordingly, we affirm the district

court’s order dismissing Farmer’s § 2241 petition. Farmer v. Wolfe, No. 5:21-cv-00147-

JPB-JPM (N.D.W. Va. May 31, 2023). 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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Related

Power to grant writ
28 U.S.C. § 2241