Opinion
22-6674
09-18-2023
MARK AUGUSTUS CHAPPELLE, Petitioner - Appellant, v. WARDEN, USP Lee, Respondent - Appellee
MARK AUGUSTUS CHAPPELLE, APPELLANT PRO SE. JUSTIN MICHAEL LUGAR, OFFICE OF THE UNITED STATES ATTORNEY, ROANOKE, VIRGINIA, FOR APPELLEE.
UNPUBLISHED
Submitted: August 31, 2023
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:21-cv-00197-EKD-JCH)
MARK AUGUSTUS CHAPPELLE, APPELLANT PRO SE.
JUSTIN MICHAEL LUGAR, OFFICE OF THE UNITED STATES ATTORNEY, ROANOKE, VIRGINIA, FOR APPELLEE.
Before WILKINSON and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Mark Augustus Chappelle, a federal prisoner, appeals the district court's order dismissing his 28 U.S.C. § 2241 petition for lack of jurisdiction. In light of the Supreme Court's recent decision in Jones v. Hendrix, 143 S.Ct. 1857, 1868-69 (2023) (holding that petitioner cannot use § 2241 petition by way of the saving clause in 28 U.S.C. § 2255(e) to mount successive collateral attack on validity of federal conviction), we conclude that Chappelle cannot pursue his claim in a § 2241 petition.
Accordingly, we affirm the district court's order dismissing Chappelle's § 2241 petition. Chappelle v. Warden, No. 7:21-cv-00197-EKD-JCH (W.D. Va. May 24, 2022). We deny Chappelle's motions for appointment of counsel. 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