United States Seventh Circuit

Dismissal of a petition for habeas corpus under 28 U.S.C. section 2241 is vacated and remanded where: 1) section 2241 by its terms covers any claim for release by a person who contends that his custody violates the Constitution or laws of the U.S.; 2) the statutory limits on the number of actions invoking 28 U.S.C. section 2255 do not apply to proceedings under section 2241; and 3) if for some reason section 2255 did not offer petitioner an opportunity to test the validity of his conviction, and he presents a claim of actual innocence, then the district court must entertain this section 2241 action on the merits.

Appellate Information

• Decided 12/18/2007
• Published 12/18/2007

Judges

• PER CURIAM., Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Bobby M. Collins, Oxford, WI, pro se.