Troy Holmes v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6434
TROY HOLMES,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
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-00274-JPB)
Submitted: July 25, 2023 Decided: July 28, 2023
Before WYNN and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Troy Holmes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Troy Holmes, a federal prisoner, appeals the district court’s order adopting the
recommendation of the magistrate judge and dismissing Holmes’ 28 U.S.C. § 2241 petition
in which he sought to challenge his carjacking and firearm possession convictions and
resulting sentence by way of the savings clause in 28 U.S.C. § 2255(e).∗ In light of the
Supreme Court’s recent decision in Jones v. Hendrix, 599 U.S. ____, No. 21-857, 2023
WL 4110233, at *7-9 (U.S. June 22, 2023) (holding that 28 U.S.C. § 2255(h) provides the
only two exceptions to Antiterrorism and Effective Death Penalty Act of 1996’s rule
against second or successive collateral attacks on a criminal judgment), we conclude that
Holmes cannot pursue his claims in a § 2241 petition.
Accordingly, we affirm the district court’s order. Holmes v. United States,
No. 5:22-cv-00274-JPB (N.D.W. Va. Apr. 13, 2023). 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
∗ Holmes confines his appellate arguments to the district court’s dismissal of his
claims challenging his convictions.

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