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8 F. App'x 233

Walker v. United States

U.S. Courts of Appeals

Decided May 4, 2001

U.S. Courts of Appeals · decided 2001-05-04

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 2001-05-04

PER CURIAM.

¶1 Alfred William Walker seeks to appeal the district court’s order denying relief on his action that the district court construed as a 28 U.S.C.A. § 2255 (West Supp.2000) motion. 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 the appeal on the reasoning of the district court. Walker v. United States, No. CA-00-851-5-HC (E.D.N.C. Dec. 8, 2000). 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 Walker’s claim for relief under 28 U.S.C. § 2241 (1994) is unavailing because he does not meet the test for proceeding under § 2241 set forth in In re Jones, 226 F.3d 328, 333-34 (4th Cir.2000).

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