United States Second Circuit

State prisoners who wish to mount a federal habeas challenge to the revocation of their parole must do so under 28 U.S.C. section 2254 rather than 28 U.S.C. section 2241. Petitioner has opportunity to withdraw his petition pursuant to Adams v. U.S., 155 F.3d 582, 584 (2d Cir. 1998) (per curiam). (Republished opinion)

Appellate Information

• Decided 03/18/2003
• Published 03/18/2003

Judges

• SACK, Circuit Judge., Before:  MESKILL and SACK, Circuit Judges, and MURTHA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Georgia J. Hinde,Law Office of Georgia J. Hinde, New York, New York, for Petitioner-Appellant.


• For Appellees:
  
• Eric A. Johnson, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General, Robin A. Forshaw, Assistant Solicitor General, of counsel), Albany, New York, for Respondents-Appellees.