No. 19-7247

Mark Linnear Hays v. Randy L. Tews, Warden

Lower Court: Ninth Circuit
Docketed: 2020-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 circuit-split federal-prisoner habeas-corpus saving-clause second-or-successive second-or-successive-motion statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (from Petition)

A federal prisoner who seeks to challenge the legality of his conviction or sentence usually must do so in a motion under 28 U.S.C. §2255. Under the saving clause in §2255(e), however, a prisoner may file a petition for a writ of habeas corpus under 28 U.S.C. §2241 when it "appears" that a §2255 motion is "inadequate or ineffective to test the legality of his detention."

The question presented is whether a federal prisoner's challenge to his conviction or sentence under 28 U.S.C. §2255 is "inadequate or ineffective" – and thus the prisoner may raise that challenge in a habeas petition under 28 U.S.C. §2241 – because the challenge relies on a new decision of this Court that interprets and narrows the reach of a federal statute, and §2255(h) bars the prisoner from raising that challenge in a second or successive §2255 motion?

Question Presented (AI Summary)

Whether a federal prisoner's challenge to his conviction or sentence under 28 U.S.C. §2255 is 'inadequate or ineffective' - and thus the prisoner may raise that challenge in a habeas petition under 28 U.S.C. §2241 - because the challenge relies on a new decision of this Court that interprets and narrows the reach of a federal statute, and §2255(h) bars the prisoner from raising that challenge in a second or successive §2255 motion

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States of America to respond filed.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Mark Hays
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent