United States Second Circuit

Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed claims protesting the federally imposed conditions of confinement based on petitioner's failure to exhaust state remedies and for other perceived defects in pleading.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• LEVAL, Circuit Judge:, Before:  JACOBS, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sala-Thiel Thompson, pro se, Lewisburg, PA (Tina Schneider, Portland, ME, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Kevin J. O'Connor, United States Attorney for the District of Connecticut (Alan M. Soloway and Sandra S. Glover, Assistant United States Attorneys, on the brief), for Respondent-Appellees.