Serwan Mizori v. R. Brown

USCA4 Appeal: 24-6082 Doc: 10 Filed: 06/04/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 24-6082

SERWAN MIZORI,

Petitioner - Appellant,

v.

WARDEN R. BROWN,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at

Wheeling. John Preston Bailey, District Judge. (5:24-cv-00001-JPB-JPM)

Submitted: May 30, 2024 Decided: June 4, 2024

Before GREGORY and HARRIS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Serwan Mizori, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-6082 Doc: 10 Filed: 06/04/2024 Pg: 2 of 2

PER CURIAM:

Serwan Mizori, a federal prisoner, appeals the district court’s order dismissing his

28 U.S.C. § 2241 petition, in which Mizori sought to challenge his sentence by way of the

savings clause in 28 U.S.C. § 2255, for lack of jurisdiction. Pursuant to § 2255(e), a

prisoner may challenge his conviction and sentence in a petition for a writ of habeas corpus

pursuant to § 2241 only if a § 2255 motion would be inadequate or ineffective to test the

legality of his detention. In light of the Supreme Court’s decision in Jones v. Hendrix, 599

U.S. 465, 477-80 (2023) (holding that petitioner cannot use § 2241 petition to mount

successive collateral attack on validity of federal conviction or sentence), we conclude that

Mizori cannot pursue his claims in a § 2241 petition. Accordingly, we affirm the district

court’s order. Mizori v. Brown, No. 5:24-cv-00001-JPB-JPM (N.D.W. Va. Jan. 3, 2024).

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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