Joseph Peluso, III v. T. C. Outlaw, No. 09-1804 (8th Cir. 2009)
Annotate this CaseCourt Description: Habeas Case - section 2241. Dismissal was proper as Peluso attacks the validity of his sentence and action should be brought in court which imposed sentence under 28 U.S.C. Section 2255.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1804 ___________ Joseph Eric Peluso, III, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. T. C. Outlaw, Warden, FCI Forrest * City, AR, * [UNPUBLISHED] * Appellee. * ___________ Submitted: November 27, 2009 Filed: December 3, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Joseph Peluso appeals the district court s1 order dismissing his 28 U.S.C. § 2241 petition. Upon careful review of the record, we conclude dismissal was proper because Peluso s attacks on the validity of his sentence are properly brought pursuant to 28 U.S.C. § 2255 in the court which imposed his sentence. See Matheny v. 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, adopting the recommendation of The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas. Morrison, 307 F.3d 709, 711 (8th Cir. 2002); § 2255(a). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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