Encarnacion v. Nash

U.S. Courts of Appeals

Decided February 26, 2002

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U.S. Courts of Appeals · decided 2002-02-26

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)

Decided 2002-02-26

PER CURIAM.

¶1 Malcolm Eugene Encarnación 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. * Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. See Encarnacion v. Nash, No. CA-00-354-BO (E.D.N.C. Sept. 4, 2001). 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.

¶2 DISMISSED.

¶3 The claims Appellant seeks to raise for the first time in response to the Respondent’s opposition to the § 2241 petition are attempts to raise uncertified claims pursuant to 28 U.S.C.A. § 2255 (West Supp.2001), and as such, are not properly before this court.