Legal Opinion
Mose Stephens, Jr., A/K/A Steve M. Stephens v. Al Herrera, Warden United States of America
Court of Appeals for the Ninth Circuit
Decided September 13, 2006No. 04-56232PublishedCited by 314 opinions
1Opinion of the Court
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
Petitioner-appellant Mose Stephens appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition for lack of jurisdiction. Stephens argues that because the remedy provided by 28 U.S.C. § 2255 is “inadequate or ineffective” to test his claim of “actual innocence” based on Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999), the district court may entertain his § 2241 petition. We conclude that Stephens has not made a sufficient showing of actual innocence within the meaning of Bousley v. United…
2Cases cited17 opinions
- Bousley v. United StatesSupreme Court of the United States · 1998
- Richardson v. United StatesSupreme Court of the United States · 1999
- 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
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by314 opinions
- Damous Nettles v. Randy GroundsCourt of Appeals for the Ninth Circuit · 2016
- Harrison v. OllisonCourt of Appeals for the Ninth Circuit · 2008
- Jones v. HendrixSupreme Court of the United States · 2023
- Prost v. AndersonCourt of Appeals for the Tenth Circuit · 2011
- Edwin Marrero v. Richard IvesCourt of Appeals for the Ninth Circuit · 2012
309 more not listed; retrieve them via the Exa API.