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eBook details

• Title: Sines v. Wilner
• Author : Arizona Court of Appeals
• Release Date : January 21, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Beaux Gordon Sines, a federal prisoner, appeals from the dismissal of his application for a writ of habeas corpus under 28 U.S.C. § 2241. The district court denied relief on the ground that his claim was not one that could be pursued under § 2241. On appeal he contends (1) that he could pursue relief under § 2241 because the district courts improper denial of his prior § 2255 motion rendered relief under § 2255 inadequate and ineffective; and alternatively, (2) that his notice of appeal should be treated as appealing the denial of his § 2255 motion. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the dismissal by the district court. Mr. Siness remedy under § 2255 was not inadequate or ineffective; he could have appealed the district courts dismissal of his motion. And his notice of appeal cannot be construed as encompassing the denial of his § 2255 motion, because the notice does not evince an intent to appeal that denial.

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