U.S. Court of Appeals for the Fourth Circuit, 2023

Kenneth Rivers v. Warden, FCI Williamsburg

Kenneth Rivers v. Warden, FCI Williamsburg
U.S. Court of Appeals for the Fourth Circuit · Decided August 29, 2023

Kenneth Rivers v. Warden, FCI Williamsburg

Opinion

USCA4 Appeal: 23-6178 Doc: 10 Filed: 08/29/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6178

KENNETH LEON RIVERS, Petitioner - Appellant, v. WARDEN FCI WILLIAMSBURG, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Bruce H. Hendricks, District Judge. (2:21-cv-03154-BHH)

Submitted: August 24, 2023 Decided: August 29, 2023

Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kenneth Leon Rivers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6178 Doc: 10 Filed: 08/29/2023 Pg: 2 of 2

PER CURIAM: Kenneth Leon Rivers appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing Rivers’ 28 U.S.C. § 2241 petition for lack of jurisdiction. In light of the Supreme Court’s recent decision in Jones v. Hendrix, 143 S. Ct. 1857, 1867-69 (2023) (holding that petitioner cannot use § 2241 petition to mount successive collateral attack on validity of federal sentence), we conclude that Rivers cannot pursue his claims in a § 2241 petition.

Accordingly, we affirm the district court’s order dismissing Rivers’ § 2241 petition.

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

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