Jontavious Lyons v. J. Streeval

U.S. Court of Appeals for the Fourth Circuit

Jontavious Lyons v. J. Streeval

Opinion

USCA4 Appeal: 23-7285 Doc: 8 Filed: 12/09/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7285

JONTAVIOUS KYREE LYONS,

Petitioner - Appellant,

v.

WARDEN J. C. STREEVAL,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Thomas T. Cullen, District Judge. (7:23-cv-00035-TTC-JCH)

Submitted: December 5, 2024 Decided: December 9, 2024

Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed and remanded by unpublished per curiam opinion.

Jontavious Kyree Lyons, Appellant Pro Se. Jonathan Patrick Jones, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7285 Doc: 8 Filed: 12/09/2024 Pg: 2 of 2

PER CURIAM:

Jontavious Kyree Lyons, a federal prisoner, filed a

28 U.S.C. § 2241

petition

seeking to challenge his sentence by way of the savings clause in

28 U.S.C. § 2255

(e). He

appeals the district court’s order dismissing his § 2241 petition without prejudice for lack

of jurisdiction. We have reviewed the record and find no reversible error. Accordingly,

we affirm the district court’s order. Lyons v. Streeval, No. 7:23-cv-00035-TTC-JCH (W.D.

Va. Dec. 5, 2023); see Jones v. Hendrix,

599 U.S. 465, 477-80

(2023) (holding that a

petitioner cannot use a § 2241 petition to mount successive collateral challenges to federal

sentence). However, we remand this matter to the district court to correct the mistaken

reference to Lyons as “Reid” on page 4 of the district court’s opinion. 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 AND REMANDED

2

Reference

Status
Unpublished