Thomas Isbell v. Russell Purdue, No. 12-7943 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7943 THOMAS J. ISBELL, Petitioner - Appellant, v. RUSSELL PURDUE, f/k/a Purdue, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:12-cv-00058-JPB-DJJ) Submitted: March 28, 2013 Decided: April 1, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas J. Isbell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas district J. court s Isbell, order a federal denying his prisoner, motion to appeals the reconsider the order denying relief on his 28 U.S.C.A. § 2241 (West Supp. 2012) petition challenging his detention. Although the district court denied relief on the merits, we conclude that Isbell did not meet the instance, criteria because for he proceeding failed to under § 2241 demonstrate in that the 28 first U.S.C.A. § 2255 (West Supp. 2012) was inadequate or ineffective to test his detention. 2000). In re Jones, 226 F.3d 328, 333-34 (4th Cir. Accordingly, we affirm. 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 2

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