U.S. Court of Appeals for the Fourth Circuit, 2004

Carroll v. Compton

Carroll v. Compton
U.S. Court of Appeals for the Fourth Circuit · Decided June 30, 2004 · Wilkinson, Niemeyer, Shedd
101 F. App'x 898

Carroll v. Compton

Opinion

PER CURIAM:

David Carroll, a federal prisoner, appeals the district court’s orders denying relief on his petition filed under 28 U.S.C. § 2241 (2000), and his motion filed pursuant to Fed.R.Civ.P. 59(e). We have reviewed the record and find no reversible error. Carroll is not entitled to proceed under § 2241 because 28 U.S.C. § 2255 *899 (2000) provides an effective and adequate remedy for' his claims, see In re Vial, 115 F.3d 1192, 1194 n. 5 (4th Cir. 1997) (procedural bar from filing § 2255 motion does not render § 2255 remedy inadequate or ineffective), and we find no abuse of the district court’s discretion in its denial of Carroll’s Rule 59(e) motion. See Temkin v. Frederick County Comm’rs, 945 F.2d 716, 724 (4th Cir. 1991). Accordingly, we affirm both orders. 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

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