Kenneth Leon Rivers v. Warden Fci Williamsburg

23-6178Court of Appeals for the Fourth CircuitAug 29, 2023

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6178
KENNETH LEON RIVERS,
Petitioner - Appellant,
v.
WARDEN FCI WILLIAMSBURG,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Bruce H. Hendricks, District Judge. (2:21-cv-03154-BHH)
Submitted: August 24, 2023 Decided: August 29, 2023
Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Kenneth Leon Rivers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Kenneth Leon Rivers appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing Rivers’ 28 U.S.C. § 2241 petition
for lack of jurisdiction. In light of the Supreme Court’s recent decision in Jones v. Hendrix,
143 S. Ct. 1857, 1867-69 (2023) (holding that petitioner cannot use § 2241 petition to
mount successive collateral attack on validity of federal sentence), we conclude that Rivers
cannot pursue his claims in a § 2241 petition.
Accordingly, we affirm the district court’s order dismissing Rivers’ § 2241 petition.
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

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