Patrick Knighton v. B. M. ANTONELLI, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6131
PATRICK KNIGHTON,
Petitioner - Appellant,
v.
B. M. ANTONELLI, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Florence. Joseph F. Anderson, Jr., Senior District Judge. (4:18-cv-02835-JFA)
Submitted: July 25, 2019 Decided: August 7, 2019
Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Patrick Knighton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Patrick Knighton, a federal inmate, appeals the district court’s order adopting the
magistrate judge’s report and recommendation and dismissing without prejudice
Knighton’s 28 U.S.C. § 2241 (2012) petition. We have reviewed the record, the
magistrate judge’s report and recommendation, and the district court’s order, and affirm.
We conclude that Knighton cannot pursue a sentencing remedy under § 2241 because he
fails to establish that the settled substantive law affecting his sentence changed after his
direct appeal and first 28 U.S.C. § 2255 (2012) motion. See United States v. Wheeler,
886 F.3d 415, 427-29 (4th Cir. 2018), cert. denied, 139 S. Ct. 1318 (2019).
Accordingly, we grant Knighton leave to proceed on appeal in forma pauperis and
affirm the district court’s order. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED

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