WANDELL v. ENTZEL (2020)

Richard Wandell, Jr., a federal prisoner, appeals the district court's order accepting the ultimate recommendation of the magistrate judge to dismiss without prejudice for lack of jurisdiction Wandell's 28 U.S.C. § 2241 (2018) petition. We have reviewed the record and find no reversible error in the district court's finding that it lacked jurisdiction to review Wandell's challenge to his career offender status.^* Accordingly, although we grant leave to proceed in forma pauperis, we affirm the disposition of the sentencing claim for the reasons stated by the district court. Wandell v. Entzel, No. 3:18-cv-00128-GMG, 2019 WL 3759449 (N.D.W. Va. Aug. 9, 2019). 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

FOOTNOTES

FOOTNOTE.   Wandell waived appellate review of his remaining claim by failing to object to the magistrate judge's recommendation after receiving proper notice. See Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.