United States of America, Plaintiff--appellee, v. Russell Sullivan, Defendant--appellant, 67 F.3d 312 (10th Cir. 1995)

Plaintiff-appellant Russell Sullivan, appearing pro se and in forma pauperis, appeals from the district court's denial of his 28 U.S.C. 2255 motion. In 1991, plaintiff pled guilty to three counts of an eight-count indictment and was sentenced to three consecutive terms of imprisonment. Plaintiff subsequently appealed, and the Tenth Circuit affirmed. United States v. Sullivan, 967 F.2d 370 (10th Cir.), cert. denied, 113 S. Ct. 285 (1992).

Plaintiff's section 2255 motion sets forth no specific allegations of error, instead asserting broad conclusions of unfairness that are unsupported by any factual basis and requesting that the court show compassion in granting his motion. Even a liberal construction of this pro se plaintiff's petition does not reveal the existence of a valid claim. Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).

Furthermore, in the absence of demonstrating cause and prejudice or a fundamental miscarriage of justice, a petitioner may not raise any issue in a 28 U.S.C. 2255 motion that the petitioner was required to raise first on direct appeal. United States v. Frady, 456 U.S. 152, 164-65 (1982); United States v. Cook, 997 F.2d 1312, 1320 (10th Cir. 1993); United States v. Khan, 835 F.2d 749, 753 (10th Cir.); cert. denied, 487 U.S. 1222 (1988).

AFFIRMED. The mandate shall issue forthwith.