BENJAMIN v. SAAD (2019)

United States Court of Appeals, Fourth Circuit.

Neal BENJAMIN, Petitioner - Appellant, v. Jennifer SAAD, Respondent - Appellee.

No. 19-6327

Decided: May 21, 2019

Before DIAZ and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Neal Benjamin, Appellant Pro Se.

Neal Benjamin, a federal prisoner, appeals the district court's order accepting the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2241 (2012) petition for failing to satisfy the criteria articulated in United States v. Wheeler, 886 F.3d 415, 429 (4th Cir. 2018), cert. denied, ––– U.S. ––––, 139 S.Ct 1318, 203 L.Ed.2d 600 (2019). We have reviewed the record and find no reversible error. Accordingly, we grant leave to proceed in forma pauperis and affirm for the reasons stated by the district court. Benjamin v. Saad, No. 5:17-cv-00161-FPS, 2019 WL 851930 (N.D.W. Va. Feb. 22, 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

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.