· 3/22/2001
Wayne Porter,petitioner-Appellant v. Mike Adams, Warden,respondent-Appellee
Citations
- 244 F.3d 1006
- 2001 Daily Journal DAR 2913
- 2001 U.S. App. LEXIS 4282
- 2001 WL 277826
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Section 2241 is available only to challenge the manner of execution of a prisoner’s federal sentence, not its legality
- noting that Section 2241 is available only to challenge the manner of execution of a prisoner’s federal sentence, not its legality
- requiring certificate of appealability in § 2255 motions that are labeled as § 2241 20 motions
- affirming the denial of a § 2241 petition raising the same claims attacking petitioner's 4 conviction that he unsuccessfully raised in a prior § 2255 motion
- explaining 26 that a certificate of appealability is required when the § 2241 petition “raises previously 27 unsuccessful claims attacking only the legality of his conviction and not the execution of his 28 sentence.”
- “Merely labeling a 22 section 2255 motion as a section 2241 petition does not overcome the bar against 23 successive section 2255 motions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wallace, Silverman, Fletcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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