Neigut v. Kearney

SHEEHY, Chief Judge.

Petitioner, who is presently confined in the Federal Correctional Institution at Texarkana, Texas, has filed a petition for a writ of habeas corpus ad subjiciendum. Respondent has filed a motion to dismiss said petition for a writ of habeas corpus on the ground that this Court, pursuant to the provisions of Title 28 U.S.C.A. § 2255, is without authority or jurisdiction to entertain said petition because it does not appear that a motion to vacate judgment and sentence filed with the sentencing court is inadequate and ineffective to test the legality of petitioner’s…