John W. McKenzie v. R. WOLFE, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7340
JOHN W. MCKENZIE,
Petitioner - Appellant,
v.
R. 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-00123-JPB)
Submitted: January 30, 2024 Decided: February 2, 2024
Before KING, AGEE, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John W. McKenzie, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John W. McKenzie, a federal prisoner, appeals the district court’s order accepting
the recommendation of the magistrate judge and denying relief on McKenzie’s 28 U.S.C.
§ 2241 petition in which McKenzie challenged the outcome of a prison disciplinary
proceeding. The district court found that McKenzie failed to exhaust his administrative
remedies as he failed to appeal the hearing officer’s decision after the disciplinary hearing.
McKenzie concedes that he did not appeal but argues that he lacked access to his
documentation and was on lockdown after his transfer to a different facility and therefore
could not have completed his appeal. However, any timely appeal would have been due
prior to McKenzie’s transfer out of the facility, and he thus fails to demonstrate that he was
unable to exhaust his administrative remedies. Accordingly, we affirm the district court’s
order. McKenzie v. Wolfe, No. 5:22-cv-00123-JPB (N.D.W. Va. Sept. 1, 2022). 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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