Warren J. Jackson, Petitioner-appellant, v. United States Bureau of Prisons; T.r. Kindt, Respondents-appellees, 19 F.3d 33 (10th Cir. 1994)
Annotate this CaseMr. Jackson appeals the dismissal of his habeas corpus petition. Although brought pursuant to 28 U.S.C. 2241, the magistrate judge determined that Mr. Jackson's collateral attack on his Wisconsin federal court conviction arose pursuant to 28 U.S.C. 2255, which vests jurisdiction in "the court which imposed the sentence." The district court adopted the recommendation of dismissal by the magistrate judge. The disposition was correct because jurisdiction lies only in the court which imposed sentence, United States v. Condit, 621 F.2d 1096, 1097 (10th Cir. 1980), a 2255 motion supplants a 2241 habeas corpus petition, Williams v. United States, 323 F.2d 672, 673-74 (10th Cir. 1963), cert. denied, 377 U.S. 980 (1964), and is generally an exclusive remedy, Johnson v, Taylor, 347 U.S. 365, 366-67 (10th Cir. 1965).
AFFIRMED.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. --- F.R.D. ----
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause therefore is ordered submitted without oral argument
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