NEAL v. JOYNER (2018)

United States Court of Appeals, Fourth Circuit.

Craig Andre NEAL, Petitioner Appellant, v. Warden JOYNER, Respondent-Appellee.

No. 17-7579

Decided: June 13, 2018

Before GREGORY, Chief Judge, and NIEMEYER and HARRIS, Circuit Judges.

Craig Andre Neal, Appellant Pro Se.

Craig Andre Neal, a federal prisoner, appeals the district court's order adopting the recommendation of the magistrate judge and summarily dismissing his 28 U.S.C. § 2241 (2012) petition seeking to challenge his mandatory minimum life sentence. The district court determined that Neal was unable to challenge his sentence under the savings clause of 28 U.S.C. § 2255(e) (2012). In light of our recent decision in United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018), we vacate the district court's order and remand the case for reconsideration in accordance with Wheeler. We grant Neal leave to proceed in forma pauperis. 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.

VACATED AND REMANDED

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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