United States Eighth Circuit
Mathena v. US, 08-2184
District court's denial of defendant's writ of habeas corpus is reversed and remanded to dismiss the petition without prejudice where: 1) district court erred in finding defendant's petition was untimely under 28 U.S.C. - 2241; and 2) defendant failed to exhaust his administrative remedies within the Bureau of Prisons.
Appellate Information
- Decided 08/24/2009
- Published 08/24/2009
Judges
- COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- David Earl Woods, argued, O'Fallon, MO, for appellant.
- For Appellees:
- Keith D. Sorrell, AUSA, Cape Girardeau, MO, for appellee.