UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7319

DORTHA ELKINS,

Plaintiff - Appellant,

versus

DEBORAH A. HICKEY, Warden,

Defendant - Appellee.

Appeal from the United States District Court for the Southern

District of West Virginia, at Bluefield. David A. Faber, Chief

District Judge. (1:04-cv-00992)

Submitted: December 18, 2006 Decided: January 8, 2007

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dortha Elkins, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE

UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dortha Elkins appeals the district court order dismissing her 28U.S.C. § 2241 (2000) petition for failure to state a claim.

Because she failed to demonstrate that 28U.S.C. § 2255 (2000) was inadequate or ineffective to test her conviction, Elkins did not meet the criteria for proceeding under § 2241. In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000). Accordingly, we deny Elkins' motions for appointment of counsel and to proceed on appeal in forma pauperis and affirm. 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 decisional process.

AFFIRMED