U.S. Court of Appeals for the Fourth Circuit, 2001

Hood v. United States

Hood v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided June 12, 2001 · Luttig, Motz, King
13 F. App'x 72

Hood v. United States

Opinion

PER CURIAM.

Corey DeSean Hood appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error in its conclusion that Hood has failed to satisfy his burden of demonstrating that 28 U.S.C.A. § 2255 (West Supp. 2000) is an inadequate or ineffective means of challenging the validity of his detention. See § 2255 115; Jeffers v. Chandler, 234 F.3d 277, 280 (5th Cir. 2000). However, we modify the district court’s order to reflect a dismissal without prejudice, in order to allow Hood to refile his petition at such time as he is able to make such a demonstration. 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 AS MODIFIED.

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