USCA4 Appeal: 25-6351 Doc: 11 Filed: 10/21/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6351

RICHARD HOLZER,

Petitioner - Appellant,

v.

R. BROWN; UNITED STATES OF AMERICA,

Respondents - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:25-cv-00070-JPB-JPM)

Submitted: October 16, 2025 Decided: October 21, 2025

Before KING, AGEE, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard Holzer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6351 Doc: 11 Filed: 10/21/2025 Pg: 2 of 2

PER CURIAM:

Richard Holzer, a federal prisoner, appeals the district court’s order dismissing for

lack of subject matter jurisdiction his

petition in which he sought to

challenge his sentence by way of the savings clause in

. Pursuant to

§ 2255(e), a prisoner may challenge his sentence in a traditional writ of habeas corpus

pursuant to § 2241 if a § 2255 motion would be inadequate or ineffective to test the legality

of his detention. *

However,

(h) “specifies the two limited conditions in which

Congress has permitted federal prisoners to bring second or successive collateral attacks

on their sentences,” and a prisoner’s inability to satisfy those conditions “does not mean

that he can bring his claim in a habeas petition under the savings clause.” Jones v. Hendrix,

(2023). Here, the district court correctly concluded that because Holzer

cannot challenge his sentence under the savings clause, the court lacked jurisdiction over

his petition.

Accordingly, we affirm the district court’s order. Holzer v. Brown, No.

5:25-cv-00070-JPB-JPM (N.D. W. Va. Apr. 11, 2025). 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

* Holzer previously filed a § 2255 motion, which was denied.

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