Filed: Jul. 30, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6349 THOMAS MONIQUE BRADDY, JR., Petitioner - Appellant, v. WARDEN WILSON, Warden, FCC Petersburg, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:13-cv-00475-RBS-LRL) Submitted: June 27, 2014 Decided: July 30, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Tho
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6349 THOMAS MONIQUE BRADDY, JR., Petitioner - Appellant, v. WARDEN WILSON, Warden, FCC Petersburg, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:13-cv-00475-RBS-LRL) Submitted: June 27, 2014 Decided: July 30, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Thom..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6349
THOMAS MONIQUE BRADDY, JR.,
Petitioner - Appellant,
v.
WARDEN WILSON, Warden, FCC Petersburg,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:13-cv-00475-RBS-LRL)
Submitted: June 27, 2014 Decided: July 30, 2014
Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas Monique Braddy, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Monique Braddy, Jr., filed a 28 U.S.C. § 2241
(2012) petition alleging that the conditions of his confinement
violate the government’s obligations under his plea agreement,
pursuant to which he pleaded guilty to bank fraud, 18 U.S.C.
§ 1349 (2012), aggravated identity theft, 18 U.S.C. § 1028A
(2012), and money laundering, 18 U.S.C. § 1956(a)(1)(A)(i),
(B)(i) (2012). Braddy appeals the district court’s order
dismissing the action with prejudice under § 2241 but without
prejudice to his right to file an action under Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics,
403 U.S. 388
(1971).
We review de novo a district court’s order denying a
federal inmate’s § 2241 petition. Yi v. Fed. Bureau of Prisons,
412 F.3d 526, 530 (4th Cir. 2005). Pursuant to § 2241, a
prisoner may petition for a writ of habeas corpus if “[h]e is in
custody in violation of the Constitution or laws or treaties of
the United States.” 28 U.S.C. § 2241(c)(3). Because Braddy’s
petition alleged constitutional violations regarding only the
conditions of his confinement and did not challenge the fact or
duration of his sentence, his claims are more properly brought
in an action pursuant to Bivens. See Preiser v. Rodriguez,
411
U.S. 475, 488 (1973) (recognizing habeas as proper remedy for
attacking fact or length of confinement); Strader v. Troy, 571
2
F.2d 1263, 1269 (4th Cir. 1978) (concluding that because
petitioner did “not assert that he [was] entitled to parole and
should be released,” the “claim for relief must be treated as a
suit under . . . [42 U.S.C.] § 1983 [(2012)].”).
Therefore, although we grant leave to proceed in forma
pauperis, we affirm the district court’s judgment. 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
3