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IN RE: Robert Lee HULL (2019)

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United States Court of Appeals, Third Circuit.

IN RE: Robert Lee HULL, Sr., Petitioner

No. 19-3133

Decided: December 27, 2019

Before: RESTREPO, PORTER and NYGAARD, Circuit Judges Robert Lee Hull, Sr., Pro Se


Robert Lee Hull is a Delaware inmate serving a sentence of life imprisonment pursuant to a conviction that became final 25 years ago. Hull has filed a mandamus petition in this Court seeking unspecified relief. It appears from the exhibits attached to his petition, however, that Hull is attempting to challenge his conviction or sentence. That is not a permissible use of mandamus; Hull must instead comply with the procedures for filing second or successive habeas petitions, set forth in 28 U.S.C. § 2244. See Samak v. Warden, FCC Coleman-Medium, 766 F.3d 1271, 1285 (11th Cir. 2014); cf. In re Dorsainvil, 119 F.3d 245, 251 (3d Cir. 1997) (explaining that inmate may not use habeas petition under § 2241 simply because he cannot meet AEDPA’s gatekeeping requirements for second or successive habeas petitions). Accordingly, Hull’s mandamus petition is denied. His motion for appointment of counsel is dismissed as moot.


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