FALLER II v. SAAD (2018)

James S. Faller, II, a federal prisoner, appeals the district court's order adopting the recommendation of the magistrate judge and denying and dismissing his 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error. Faller 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). The district court lacked jurisdiction over Faller's petition, id., and we therefore grant leave to proceed in forma pauperis, modify the district court's order, Faller v. Saad, No. 1:17-cv-00048-IMK, 2018 WL 2149030 (N.D.W. Va. May 10, 2018), to reflect a dismissal without prejudice for lack of jurisdiction, and affirm the dismissal as modified, 28 U.S.C. § 2106 (2012).^* We deny Faller's motion to seal, but order that the affiant's name and identifying information be redacted from the appendices. 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

FOOTNOTES

FOOTNOTE.   Faller has petitioned this court to hear this appeal en banc. The court denies the petition. No judge requested a poll under Fed. R. App. P. 35 on the petition.

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.