UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7170
DERRICK KIMBLE,
Petitioner - Appellant,
versus
JOHN L. LAMANNA, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District Judge.
(CA-04-862-MBS)
Submitted: April 28, 2006 Decided: May 23, 2006
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Derrick Kimble, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Derrick Kimble, a federal prisoner, filed a petition
under 28 U.S.C. § 2241 (2000), attacking his convictions under 18
U.S.C. § 924(c)(1) (2000). Although the district court construed
the § 2241 petition as a motion under 28 U.S.C. § 2255 (2000),
Kimble clearly intended to file a § 2241 petition. He argues on
appeal that § 2255 is inadequate and ineffective to test the
legality of his detention, contending that his claim should be
considered in the context of his § 2241 petition. Because Kimble
does not meet the standard of In Re: Jones, 226 F.3d 328, 333-34
(4th Cir. 2000), we affirm the denial of relief. We grant leave to
proceed in forma pauperis and 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.
AFFIRMED
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