Filed: Jun. 16, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6088 TIMOTHY WALLACE, Petitioner – Appellant, v. FEDERAL BUREAU OF PRISONS; UNITED STATES OF AMERICA; C. ZYCH, Warden, U.S.P. Lee, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:14-cv-00632-JLK-RSB) Submitted: May 28, 2015 Decided: June 16, 2015 Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6088 TIMOTHY WALLACE, Petitioner – Appellant, v. FEDERAL BUREAU OF PRISONS; UNITED STATES OF AMERICA; C. ZYCH, Warden, U.S.P. Lee, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:14-cv-00632-JLK-RSB) Submitted: May 28, 2015 Decided: June 16, 2015 Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior C..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6088
TIMOTHY WALLACE,
Petitioner – Appellant,
v.
FEDERAL BUREAU OF PRISONS; UNITED STATES OF AMERICA; C.
ZYCH, Warden, U.S.P. Lee,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:14-cv-00632-JLK-RSB)
Submitted: May 28, 2015 Decided: June 16, 2015
Before NIEMEYER and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Timothy Wallace, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Wallace, a federal prisoner, appeals the district
court’s order denying relief on his 28 U.S.C. § 2241 (2012)
petition. Wallace’s petition asserts due-process and
equal-protection claims related to the United States Parole
Commission’s refusal to grant him parole. Federal prisoners may
challenge decisions of the Parole Commission by petitioning for
habeas corpus relief under § 2241. See Marshall v. Garrison,
659 F.2d 440, 441-42 & n.2 (4th Cir. 1981). However, because
Wallace failed to exhaust the appropriate administrative
remedies to appeal the Parole Commission’s decisions, see 28
C.F.R. §§ 2.26, 2.27 (2014), he is not entitled to habeas
relief. Accordingly, we grant leave to proceed in forma
pauperis and affirm the district court’s denial of Wallace’s
§ 2241 petition. 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
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