Victor Wilkes v. Warden, FCI Edgefield

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Victor Glen Wilkes, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2012) petition. We have reviewed the record and find no reversible error. We further find that the district court correctly rejected Wilkes’ alternative request for a writ of audita querela because he had available another remedy, a 28 U.S.C.A. § 2255 (West Supp. 2012) motion. * Accordingly, although we grant leave to proceed in for-ma pauperis, we affirm for the reasons stated by the district court. Wilkes v. Warden, No. 8:12-cv-03046-TLW (D.S.C. Dec. 10, 2012; Jan. 16, 2013). 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.