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10 F. App'x 132

Stokes v. Bledsoe

U.S. Courts of Appeals

Decided May 21, 2001

U.S. Courts of Appeals · decided 2001-05-21

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on In Re: Byron Jones, A/K/A Carl Lee, A/K/A B, Movant

Decided 2001-05-21

PER CURIAM.

¶1 Danny Stokes appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error. Although the district court may have improperly construed Stokes’ petition as a motion under 28 U.S.C.A. § 2255 (West Supp.2000), over which it had no jurisdiction, Stokes did not qualify for relief under § 2241. See In re Jones, 226 F.3d 328, 333-34 (4th Cir.2000) (describing circumstances under which § 2241 relief is appropriate on the basis that § 2255 is inadequate and ineffective to test the legality of a conviction). Accordingly, we affirm the district court’s denial of relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court *133 and argument would not aid the decisional process.

¶2 AFFIRMED.

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