From Casetext: Smarter Legal Research

Black v. Cooper

United States Court of Appeals, Fourth Circuit
Jun 18, 2024
No. 24-6111 (4th Cir. Jun. 18, 2024)

Opinion

24-6111

06-18-2024

MARTINEZ ORLANDIS BLACK, Petitioner - Appellant, v. BILLY COOPER, Respondent - Appellee.

Martinez Orlandis Black, Appellant Pro Se.


UNPUBLISHED

Submitted: June 13, 2024

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:23-cv-00899-RJC)

Martinez Orlandis Black, Appellant Pro Se.

Before RUSHING and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Martinez Orlandis Black, a state prisoner who was previously sentenced in federal court to 120 months in prison after he pled guilty, pursuant to a plea agreement, to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2241 petition, which challenged the restitution portion his federal criminal judgment. The district court also granted Black's motion to amend his petition to add a claim under Rehaif v. United States, 588 U.S. 225 (2019), construed that motion as a 28 U.S.C. § 2255 motion, and dismissed the claim for lack of jurisdiction because the construed motion was successive and unauthorized, but declined to address Black's new claims challenging his good time credits because those claims are pending in other habeas actions currently pending in North Carolina federal courts.

We have reviewed the record in conjunction with the arguments Black raises in his informal brief and find no reversible error. Accordingly, we affirm the district court's order. Black v. Cooper, No. 3:23-cv-00899-RJC (W.D. N.C. Jan. 19, 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


Summaries of

Black v. Cooper

United States Court of Appeals, Fourth Circuit
Jun 18, 2024
No. 24-6111 (4th Cir. Jun. 18, 2024)
Case details for

Black v. Cooper

Case Details

Full title:MARTINEZ ORLANDIS BLACK, Petitioner - Appellant, v. BILLY COOPER…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 18, 2024

Citations

No. 24-6111 (4th Cir. Jun. 18, 2024)

Citing Cases

Black v. Cooper

On June 18, 2024, the Fourth Circuit, with the instant motion still pending, affirmed the Court's Order.…