James v. Hickey
Opinion
Angela James filed a petition under 28 U.S.C. § 2241 (2000), raising a claim under Blakely v. Washington, 542 U.S. 296, 124 *325 S.Ct. 2581, 159 L.Ed.2d 403 (2004). However, James failed to meet the standard under In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000), and is therefore not entitled to proceed under § 2241. * Accordingly, we deny James’ motions for appointment of counsel, for leave to proceed in forma pauperis, and to hold her appeal in abeyance, and dismiss the appeal. 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.
DISMISSED.
The district court appeared to construe the petition as a motion under 28 U.S.C. § 2255 (2000), and dismissed it for failure to state a claim pursuant to 28 U.S.C. § 1915A(b)(l) (2000). Because the district court did not have jurisdiction under § 2255 to consider the validity of James’ sentence on her convictions arising out of the Western District of North Carolina, we decline to consider this case under § 2255.
Reference
- Full Case Name
- Angela JAMES, Plaintiff-Appellant, v. Deborah A. HICKEY, Warden, Federal Prison Camp at Alderson, Defendant-Appellee
- Status
- Unpublished