Eleventh Circuit Court of Appeals - Published Opinions
Thursday, September 17, 2015
Harris: 2241 petition not permitted when 2255 was adequate
In Harris v. Warden, No. 14-14550 (Sept. 16, 2015), the Court affirmed the dismissal of a habeas petition filed under 28 U.S.C. § 2241, because a motion under § 2255 was adequate to test the legality of his conviction, and thus a § 2241 claim was not permitted. The Court noted that Harris’ claim was a constitutional claim and therefore cognizable under § 2255.