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Wilkes v. Warden

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 5, 2013
523 F. App'x 224 (4th Cir. 2013)

Opinion

No. 13-6139

06-05-2013

VICTOR GLEN WILKES, Petitioner - Appellant, v. WARDEN, FCI EDGEFIELD, Respondent - Appellee, and UNITED STATES OF AMERICA, Respondent.

Victor Glen Wilkes, Appellant Pro Se.


UNPUBLISHED

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) 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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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.

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.").

AFFIRMED


Summaries of

Wilkes v. Warden

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 5, 2013
523 F. App'x 224 (4th Cir. 2013)
Case details for

Wilkes v. Warden

Case Details

Full title:VICTOR GLEN WILKES, Petitioner - Appellant, v. WARDEN, FCI EDGEFIELD…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 5, 2013

Citations

523 F. App'x 224 (4th Cir. 2013)

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