Darrell Rittenberry v. Jack Morgan

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Petitioner-Appellant Darrell Rittenber-ry, who had previously filed a federal ha-beas petition under 28 U.S.C. § 2254 and was denied relief, filed the present habeas petition under 28 U.S.C. § 2241. Ritten-berry claims that by filing under section 2241, he does not have to meet the requirement of 28 U.S.C. § 2244(b), which restricts the filing of successive petitions “under section 2254.” The district court dismissed the petition, but granted a Certificate of Appealability on the single legal question of whether section 2241 “remains an independent…