Ivy

Ivy v. U.S. District Court

Good Law
19 F. App'x 567
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001No. 00-16381; D.C. No. CV-00-00448-RGSCalifornia300 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner John Lee Ivy appeals pro se from the district court’s dismissal of his 28 U.S.C. § 2241 petition for lack of jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 . After filing two unsuccessful 28 U.S.C. § 2255 motions in the sentencing court, Moore has filed a section 2241 petition in this court contending the indictment was defective; his due process rights were violated; prosecutorial misconduct; ineffective assistance of counsel; and Rule 11 violations. We review a district court’s denial of a habeas petition de novo, see Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988), and we affirm.

Generally, the appropriate remedy for challenging a conviction is a section 2255 motion, and a prisoner may not bring a section 2241 motion if he has previously been denied relief unless it also appears that the remedy is inadequate or ineffective to test the legality of his detention. Id.

Ivy’s contentions, however, challenge the legality of his conviction and sentence, and because he has failed to demonstrate that a 28 U.S.C. § 2255 petition is an inadequate or ineffective remedy he cannot circumvent the bar against successive § 2255 motions by…

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