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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.