WEITERS v. BRAGG (2018)

Bernard Weiters, Jr., a federal prisoner, appeals the district court's order accepting the recommendation of the magistrate judge and dismissing with prejudice Weiters’ 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error. Weiters 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). As such, the district court lacked jurisdiction to consider the merits of Weiters’ petition. Rice, 617 F.3d at 807. Accordingly, we grant leave to proceed in forma pauperis, modify the district court's judgment to reflect that the dismissal of Weiters’ petition is without prejudice, and affirm the district court's judgment as modified. See S. Walk at Broadlands Homeowner's Ass'n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 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 AS MODIFIED

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.