Bautista-Arias v. Shearin ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7676
PLINIO BAUTISTA-ARIAS,
Petitioner - Appellant,
versus
ROBERT P. SHEARIN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Marvin J. Garbis, District Judge. (CA-99-
3160-MJG)
Submitted: February 10, 2000 Decided: February 17, 2000
Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Plinio Bautista-Arias, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Plinio Bautista-Arias seeks to appeal from the district court’s
order dismissing his action seeking post-conviction relief from his
conviction. Although Bautista-Arias titled his action as arising
under 28 U.S.C. § 2241 (1994), he challenged the validity and
legality of his conviction for violating 18 U.S.C.A. § 924(c) (West
Supp. 1999). Thus, the proper jurisdiction for his action was the
place where his conviction was obtained, the District of Maryland.
See 28 U.S.C.A. § 2255 (West Supp. 1999). Because the district
court properly found that § 2255 provided an adequate remedy and
that such a motion was time-barred, the court properly dismissed
Bautista’s action. Accordingly, we deny a certificate of appeal-
ability and dismiss this appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the deci-
sional process.
DISMISSED
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