Wesley Day v. Justin Andrews

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6039
WESLEY DAY,
Petitioner - Appellant,
v.
JUSTIN ANDREWS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:17-hc-02038-BO)
Submitted: May 31, 2018 Decided: July 10, 2018
Before MOTZ, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Wesley Day, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Wesley Day, a federal prisoner, appeals the district court’s order dismissing
without prejudice his 28 U.S.C. § 2241 (2012) petition for lack of subject matter
jurisdiction. Having reviewed the record, we conclude that the district court lacked
jurisdiction because Day’s attack on his sentence does not fall within the savings clause
of 28 U.S.C. § 2255(e) (2012). Accordingly, although we grant leave to proceed in forma
pauperis, we affirm the judgment of the district court. 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

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