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82 F. App'x 844

Hanley v. Williamson

U.S. Courts of Appeals

Decided December 18, 2003

U.S. Courts of Appeals · decided 2003-12-18

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2244 (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

Dismissed by unpublished PER CURIAM opinion · Decided 2003-12-18

PER CURIAM.

¶1 Harry T. Hanley, a federal prisoner, appeals the district court’s order dismissing for lack of jurisdiction his 28 U.S.C. § 2241 (2000) petition challenging the legality of his conviction and sentence. Although in limited circumstances a federal prisoner may file a § 2241 petition, such circumstances do not exist in this case. See In re Jones, 226 F.3d 328, 333-34 (4th *845 Cir.2000). Hanley’s petition is properly construed as a successive 28 U.S.C. § 2255 (2000) motion, and he must obtain authorization from this court to file such a motion in the district court. See 28 U.S.C. § 2244(b)(3) (2000). We accordingly deny leave to proceed in forma pauperis and dismiss the appeal. 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

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