Lee v. Sanders, No. 18-3348 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit vacated the revocation judge's denial of a 28 U.S.C. 2241 petition, holding that petitioner failed to show that he was unable to pursue his desired relief by filing a 28 U.S.C. 2255 petition with the sentencing judge. In this case, while petitioner's decision to bring his claim under section 2241 rather than section 2255 theoretically allowed him to litigate in his preferred forum, it was in fact an ethereal election because it did not render section 2255 inadequate or ineffective. Therefore, the revocation judge lacked jurisdiction over his petition.
Court Description: Erickson, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Prisoner case - Habeas. Lee failed to establish that he was unable to pursue his desired relief by filing a Section 2255 petition with the sentencing judge; because he has failed to establish that Section 2255 was inadequate or ineffective, the court is without jurisdiction to consider the matter as a Section 2241 petition; the revocation judge's denial of the Section 2241 is vacated, and the matter is dismissed. [ December 02, 2019
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