USCA4 Appeal: 23-6060 Doc: 22 Filed: 02/29/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6060

JIHAD GARRETT,

Petitioner - Appellant,

v.

R. M. WOLFE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00202-JPB-JPM)

Submitted: February 27, 2024 Decided: February 29, 2024

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Jihad Garrett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6060 Doc: 22 Filed: 02/29/2024 Pg: 2 of 2

PER CURIAM:

Jihad Garrett, a federal prisoner, appeals the district court’s order denying his

petition and motion for reconsideration in which he sought to challenge

his

(c) conviction by way of the savings clause in

(e).

In light of the Supreme Court’s decision in Jones v. Hendrix,

(2023),

we conclude that Garrett may not pursue his challenges in a § 2241 petition. Because the

district court lacked jurisdiction over Garrett’s petition, see Rice v. Rivera,

(4th Cir. 2010), we modify the district court’s orders to reflect dismissal without

prejudice of the § 2241 claims, see Ali v. Hogan,

, 600 (4th Cir. 2022)

(recognizing that dismissal based on “defect in subject matter jurisdiction . . . must be one

without prejudice” (internal quotation marks omitted)), and affirm the orders as modified,

see

. Garrett v. Wolfe, No. 5:22-cv-00202-JPB-JPM (N.D.W. Va. Sept. 6

& Nov. 29, 2022). We deny Garrett’s motion to appoint or assign counsel, to transfer case,

and to dismiss appeal and 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 AS MODIFIED

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