Timothy Wallace v. Federal Bureau of Prisons

604 F. App'x 329

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 16, 2015
• Docket: 15-6088
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Timothy Wallace, a federal prisoner, appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition. Wallace’s petition asserts due-process and equal-protection claims related to the United States Parole Commission’s refusal to grant him parole. Federal prisoners may challenge decisions of the Parole Commission by petitioning for habeas corpus relief under § 2241. See Marshall v. Garrison, 659 F.2d 440, 441-42 & n. 2 (4th Cir.1981). However, because Wallace failed to exhaust the appropriate administrative remedies to appeal the Parole Commission’s decisions, see 28 C.F.R. §§ 2.26, 2.27 (2014), he is not entitled to habeas relief. Accordingly, we grant leave to proceed in forma pauperis and affirm the district court’s denial of Wallace’s § 2241 petition. 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.