United States Second Circuit

A habeas petition under 28 USC 2255 cannot be deemed inadequate or ineffective where a prisoner, who had a prior s 2255 motion dismissed on the merits and cannot meet the AEDPA's gate-keeping requirements, seeks to raise a claim that was available in a prior motion.

Appellate Information

• Decided 04/02/2001
• Published 04/02/2001

Judges

• SOTOMAYOR, Circuit Judge:, Before:  VAN GRAAFEILAND, WINTER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Benito Jiminian, pro se, Ray Brook, NY, for petitioner-appellant.


• For Appellees:
  
• No Appearance for respondent-appellee.