Gregory Clinton v. Mr. Wolfe
Gregory Clinton v. Mr. Wolfe
Opinion
USCA4 Appeal: 22-6493 Doc: 48 Filed: 12/23/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-6493
GREGORY K. CLINTON,
Petitioner - Appellant,
v.
MR. WOLFE,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:21-cv-00058-GMG)
Submitted: December 19, 2024 Decided: December 23, 2024
Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Gregory K. Clinton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6493 Doc: 48 Filed: 12/23/2024 Pg: 2 of 2
PER CURIAM:
Gregory K. Clinton, a federal prisoner, appeals the district court’s order accepting
the recommendation of the magistrate judge and dismissing without prejudice Clinton’s
28 U.S.C. § 2241petition, in which Clinton sought to challenge the validity of his
convictions. We affirm.
Under
28 U.S.C. § 2255(e)’s savings clause, a federal prisoner may challenge the
validity of his conviction in a § 2241 petition only if the remedies afforded in § 2255 are
inadequate or ineffective. The scope of the savings clause is narrow, “covering unusual
circumstances in which it is impossible or impracticable for a prisoner to seek relief from
the sentencing court.” Jones v. Hendrix,
599 U.S. 465, 474(2023).
We conclude that the savings clause does not apply to the challenges Clinton raises
in his § 2241 petition. Accordingly, we grant Clinton’s motions to amend his informal
brief, deny the remainder of his pending motions, and affirm the district court’s order.
Clinton v. Wolfe, No. 3:21-cv-00058-GMG (N.D. W. Va. Apr. 8, 2022). 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
2
Reference
- Status
- Unpublished