Legal Opinion
Abernathy v. United States
District Court, E.D. Louisiana
Decided September 4, 1969No. 1575PublishedCited by 1 opinion
1Opinion of the Court
MISCELLANEOUS ACTION
HEEBE, District Judge:
Petitioner presents a novel, yet simple question to this Court: can the district court entertain one petition filed under 28 U.S.C. § 2255 while another § 2255 petition is on appeal from this same district court? We hold that only one § 2255 can be before the Court at one time. This is to preserve the orderly administration of justice and to allow the appellate court time to rule on the previous petition which might render this petition moot.
Petitioner is presently incarcerated in the Federal Penitentiary at Leavenworth, Kansas, serving a sentence…
2Cases cited8 opinions
- Amos Black v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Willie A. Womack v. United StatesCourt of Appeals for the D.C. Circuit · 1968
- James J. Welsh v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- Bell v. United StatesDistrict Court, N.D. Mississippi · 1966
- Coleman Harper Bell v. United StatesCourt of Appeals for the Fifth Circuit · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Greer v. EstelleDistrict Court, S.D. Texas · 1974