Legal Opinion

Brennan v. Wall

Court of Appeals for the First Circuit

Decided May 4, 2004No. 02-2642PublishedCited by 10 opinions

1Per curiam

Pro se petitioner Michael Brennan (“Brennan”), a state prisoner, appeals from the dismissal of his 28 U.S.C. §§ 1651 and 2241 petition. The district court treated the filing as a § 2254 petition and dismissed it as nonconforming, successive, and untimely. We already have held that Brennan may not bring a “second or successive” § 2254 petition because he cannot satisfy the requirements of § 2244(b). Therefore, the only question before us is whether the district court properly denied relief under § 2241 and § 1651. Our review is de novo. Saint Fort v. Ashcroft, 329 F.3d 191, 202 (1st Cir.2003).…

2Cases cited8 opinions

  1. Joseph Coady v. Donald T. Vaughn the District Attorney of the County of Montgomery the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
  2. Carlisle v. United StatesSupreme Court of the United States · 1996
  3. Alonzo Cook v. New York State Division of Parole, and New York State Board of ParoleCourt of Appeals for the Second Circuit · 2003
  4. Daniel Clark Medberry v. James CrosbyCourt of Appeals for the Eleventh Circuit · 2003
  5. Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993

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3Cited by10 opinions

  1. Gonzalez-Fuentes v. MolinaCourt of Appeals for the First Circuit · 2010
  2. Bonilla v. WainwrightDistrict Court, District of Columbia · 2011
  3. Brennan v. Wall, Director, Rhode Island Department of CorrectionsSupreme Court of the United States · 2004
  4. Carrier v. DouglasDistrict Court, E.D. Michigan · 2024
  5. DENBOW v. MAINE DEPARTMENT OF CORRECTIONSDistrict Court, D. Maine · 2020

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