Serwan Mizori v. Warden R. Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6082
SERWAN MIZORI,
Petitioner - Appellant,
v.
WARDEN R. BROWN,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:24-cv-00001-JPB-JPM)
Submitted: May 30, 2024 Decided: June 4, 2024
Before GREGORY and HARRIS, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Serwan Mizori, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Serwan Mizori, a federal prisoner, appeals the district court’s order dismissing his
28 U.S.C. § 2241 petition, in which Mizori sought to challenge his sentence by way of the
savings clause in 28 U.S.C. § 2255, for lack of jurisdiction. Pursuant to § 2255(e), a
prisoner may challenge his conviction and sentence in a petition for a writ of habeas corpus
pursuant to § 2241 only if a § 2255 motion would be inadequate or ineffective to test the
legality of his detention. In light of the Supreme Court’s decision in Jones v. Hendrix, 599
U.S. 465, 477-80 (2023) (holding that petitioner cannot use § 2241 petition to mount
successive collateral attack on validity of federal conviction or sentence), we conclude that
Mizori cannot pursue his claims in a § 2241 petition. Accordingly, we affirm the district
court’s order. Mizori v. Brown, No. 5:24-cv-00001-JPB-JPM (N.D.W. Va. Jan. 3, 2024).
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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