Legal Opinion
Brinar v. Williamson
Court of Appeals for the Fifth Circuit
Decided April 4, 2001No. 00-50428PublishedCited by 26 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
Petitioner John Luis Brinar (“Brinar”) contends that the district court erred by construing his federal habeas petition, filed pursuant to 28 U.S.C. § 2241, as a motion to vacate, set aside, or correct judgment under § 2255 and by transferring the case to the Ninth Circuit Court of Appeals. For the reasons assigned below, we hold that this court lacks jurisdiction to hear Brinar’s claims and therefore dismiss his appeal.
FACTUAL AND PROCEDURAL BACKGROUND
In 1997, Brinar was convicted in the United States District Court for the District of Nevada after pleading…
2Cases cited9 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Anthony Ojo v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
- Tolliver v. DobreCourt of Appeals for the Fifth Circuit · 2000
- Kimbrough G. Middlebrooks v. William French SmithCourt of Appeals for the Eleventh Circuit · 1984
- Ukiah Adventist Hospital v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Defense Distributed v. BruckCourt of Appeals for the Fifth Circuit · 2022
- In Re: Rolls Royce CorporationCourt of Appeals for the Fifth Circuit · 2014
- Carefirst of Maryland, Inc. v. Carefirst Urgent Care Center, LLCCourt of Appeals for the Fourth Circuit · 2002
- In Re: Cecil BradfordCourt of Appeals for the Fifth Circuit · 2011
- Subsalve USA Corp. v. Watson Manufacturing, Inc.Court of Appeals for the First Circuit · 2006
21 more not listed; retrieve them via the Exa API.