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Successive 2241 Petitions Not Subject to AEDPA's Prior Authorization Requirement

By Shari Allison

Stanko v. Davis, ___ F.3d ___ , 2010 WL XXX, No. 09-1073 (10th Cir. 2010) (CO)Habeas arcania. There are two kinds of federal habes?28 USC § 2241, the traditional habeas petition, and 28 USC § 2255?a motion to vacate etc. a sentence. The ability to file second or successive habeas actions is closely regulated. Under AEDPA, a state habeas § 2254 petitioner and a federal § 2255 ?mover? must get circuit approval for filing a successive action. Without such authorization, the district court has no jurisdiction over the action. Construing the language of AEDPA and the types of actions pursued under § 2241, the COA determined that the limiting AEDPA provision, § 2244(a), does not apply to the traditional § 2241 federal habeas petition. In this case, petitioner brought his action under 2241, claiming that the BOP wrongly denied him consideration for a reduced sentence if he completed a drug-treatment program...continue to full post

Full post as published by Tenth Circuit Blog on August 11, 2010 (boomark / email).