Thompson

(HC) Buffington v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaNovember 25, 20192:19-cv-02192California527 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN BUFFINGTON, No. 2:19-cv-02192 GGH P Petitioner, v. ORDER PAUL R. THOMPSON, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. However, the pending habeas petition appears to be more appropriately brought as a 28 U.S.C. § 2255 motion as it challenges the validity or constitutionality of petitioner’s conviction issued by the Northern District of Illinois, Eastern Division. See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir. 2001). Accordingly, the undersigned will order that this case be transferred to the appropriate district for review. “The general rule is that a motion under 28 U.S.C. § 2255 is the exclusive means by which a federal prisoner may test the legality of his detention, and that restrictions on the availability of a § 2255 motion cannot be avoided through a petition under 28 U.S.C. § 2241.” Stephens v.…

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