Williams v. Beeler

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 8, 2001
• Docket: 01-6024
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6024

TERRY CHARLES WILLIAMS,

Petitioner - Appellant,

versus

ARTHUR F. BEELER, Warden; UNITED STATES OF AMERICA,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-00-925)

Submitted: May 31, 2001 Decided: June 8, 2001

Before WILKINS, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terry Charles Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Terry Charles Williams seeks to appeal the district court’s

order denying relief on his action challenging his convictions and

sentence imposed in the United States District Court for the

Northern District of Georgia. Williams filed his claim for relief

under 28 U.S.C. § 2241 (1994). Because he was challenging his

convictions and sentence, the district court construed his action

as a 28 U.S.C.A. § 2255 (West Supp. 2000) motion and denied relief

on the ground that the court lacked jurisdiction. Williams’ claim

for relief under § 2241 is unavailing because he does not meet the

test for proceeding under this statute as set forth in In re Jones,

226 F.3d 328, 333-34 (4th Cir. 2000). Accordingly, we affirm the

district court’s order denying relief. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED