UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6139
VICTOR GLEN WILKES,
Petitioner - Appellant,
v.
WARDEN, FCI EDGEFIELD,
Respondent – Appellee,
and
UNITED STATES OF AMERICA,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Terry L. Wooten, Chief District
Judge. (8:12-cv-03046-TLW)
Submitted: May 30, 2013 Decided: June 5, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Victor Glen Wilkes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Victor Glen Wilkes, a federal prisoner, appeals the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C.A. § 2241
(West 2006 & Supp. 2012) petition. We have reviewed the record
and find no reversible error. We further find that the district
court correctly rejected Wilkes’ alternative request for a writ
of audita querela because he had available another remedy, a 28
U.S.C.A. § 2255 (West Supp. 2012) motion. * Accordingly, although
we grant leave to proceed in forma pauperis, we affirm for the
reasons stated by the district court. Wilkes v. Warden, No.
8:12-cv-03046-TLW (D.S.C. Dec. 10, 2012; Jan. 16, 2013). 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
*
The fact that Wilkes cannot proceed under § 2255 unless he
obtains authorization from this court to file a successive
motion does not alter this conclusion. United States v. Valdez–
Pacheco, 237 F.3d 1077, 1080 (9th Cir. 2001) (“We agree with our
sister circuits . . . that a federal prisoner may not challenge
a conviction or sentence by way of a petition for a writ of
audita querela when that challenge is cognizable under
§ 2255.”).
2