Legal Opinion
Hooker v. Sivley
Court of Appeals for the Fifth Circuit
Decided September 20, 1999No. 99-60229PublishedCited by 90 opinions
1Per curiam
Petitioner-Appellant Donald Hooker (federal prisoner # 09595-042) appeals the denial of his 28 U.S.C. § 2241 petition, which was treated by the district court as a 28 U.S.C. § 2255 motion and dismissed as time-barred under that section’s one-year limitations period. Hooker argues that the district court violated his constitutional rights in construing his § 2241 petition as a § 2255 motion and dismissing it as time-barred. He contends that he should have been allowed to proceed under § 2241 because § 2255 offers an “inadequate and ineffective” remedy in his case.
In his § 2241 petition, Hooker…
2Cases cited11 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997
- In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
- Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997
- Wofford v. ScottCourt of Appeals for the Eleventh Circuit · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Padilla v. United StatesCourt of Appeals for the Fifth Circuit · 2005
- United States v. KeyCourt of Appeals for the Fifth Circuit · 2000
- Sustache-Rivera v. United StatesCourt of Appeals for the First Circuit · 2000
- Lee v. WetzelCourt of Appeals for the Fifth Circuit · 2001
85 more not listed; retrieve them via the Exa API.