Relief sought, not title of pleading determines whether pleading is 28 U.S.C. § 2255 habeas motion
HABEAS United States v. Nelson, No. 06-6071, ___ F.3d ___ (10th Cir. Oct. 6, 2006)(W.D. Oklahoma). Appeal of district court’s order denying prisoner’s motion under Rule 15 of the Federal Rules of Civil Procedure by which prisoner purported to seek to amend and supplement his previously denied motion for writ of habeas corpus under 28 U.S.C. § 2255. HELD: Nature of relief sought, not pleading’s title determines whether pleading is 28 U.S.C. § 2255 motion. Because defendant’s pleading constituted second motion for habeas relief under § 2255, and because successive § 2255 motion cannot be filed in district court without approval by court of appeals, district court lacked subject matter jurisdiction over motion. Read the opinion here. |
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