USCA4 Appeal: 24-6443 Doc: 8 Filed: 10/25/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6443

SAMEER MOHAMED ELYAS,

Plaintiff - Appellant,

v.

UNKNOWN,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Michael Stefan Nachmanoff, District Judge. (1:23-cv-01425-MSN-JFA)

Submitted: October 22, 2024 Decided: October 25, 2024

Before KING and WYNN, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed in part and affirmed in part by unpublished per curiam opinion.

Sameer Mohamed Elyas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6443 Doc: 8 Filed: 10/25/2024 Pg: 2 of 2

PER CURIAM:

Sameer Elyas, a Virginia inmate, appeals the district court’s order denying his letter

motion for release from prison. Elyas asserted that he was very sick and medical staff had

refused to help him. He also stated that he believed people were trying to poison or kill

him. The court construed Elyas’s letter as either a petition for a writ of habeas corpus under

or a motion for compassionate release under

(c). The

court dismissed Elyas’s action without prejudice, however, because: (1) Elyas failed to

comply with the court’s local rule that pro se § 2254 petitioners utilize certain standardized

forms; and (2) motions for compassionate release under § 3582(c) are unavailable to state

inmates.

We have reviewed the record and find no reversible error. Accordingly, with respect

to the court’s

ruling dismissing for failure to comply with a court order

to utilize the required form, we deny a certificate of appealability and dismiss the appeal.

We affirm the remainder of the order. Elyas v. Unknown, No. 1:23-cv-01425-MSN-JFA

(E.D. Va. Apr. 3, 2024). 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.

DISMISSED IN PART, AFFIRMED IN PART

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