Warden

(HC) Bailey v. Warden

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20242:23-cv-01087California653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT EUGENE BAILEY, No. 2:23-cv-01087-KJM-EFB (HC) Petitioner, v. ORDER WARDEN, Respondent. 16 Petitioner proceeds without counsel in this petition for writ of habeas under 28 U.S.C. § 2241. This proceeding was referred to this court by Local Rule 302 as provided by 28 U.S.C. § 636(b)(1). Petitioner alleges he is entitled to relief because there has been an intervening change in the interpretation of statutory law. See generally Pet., ECF No. 1. On April 24, 2024, the magistrate judge screened petitioner’s § 2241 petition and dismissed it after noting the Supreme Court in Jones “held the savings clause in § 2255(e) ‘does not permit a prisoner asserting an intervening change in statutory interpretation to circumvent AEDPA’s restrictions on second or successive § 2255 motions by filing a § 2241 petition.’” Order at 3, ECF No. 6 (quoting Jones v. Hendrix, 599 U.S. 465, 471 (2023). The magistrate judge granted…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.