UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7287
DARYL DEON EVERETT,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:13-cv-00524-RAJ-DEM)
Submitted: October 17, 2017 Decided: October 31, 2017
Before KING and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Patrick L. Bryant, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria,
Virginia, Richard J. Colgan, Assistant Federal Public Defender, Norfolk, Virginia, for
Appellant. Joel Eric Wilson, Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daryl Deon Everett, a federal prisoner, appeals the district court’s orders adopting
the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2241 (2012)
petition. We have reviewed the record and find no reversible error. Everett has failed to
satisfy his burden of demonstrating that 28 U.S.C. § 2255 (2012) is an inadequate or
ineffective means of challenging the validity of his detention. See Rice v. Rivera,
617 F.3d 802, 807 (4th Cir. 2010); United States v. Poole, 531 F.3d 263, 267 n.7 (4th Cir.
2008). The district court lacked jurisdiction over Everett’s petition, Rice, 617 F.3d at
807, and we therefore modify its orders, Everett v. Wilson, No. 2:13-cv-00524-RAJ-DEM
(E.D. Va. May 28 & June 15, 2015), to reflect a dismissal without prejudice for lack of
jurisdiction and affirm the dismissal as modified, 28 U.S.C. § 2106 (2012). We deny
Everett’s motion to appoint counsel and 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 AS MODIFIED
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