No. 19-7247

Mark Linnear Hays v. Randy L. Tews, Warden

Lower Court: Ninth Circuit
Docketed: 2020-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 circuit-split federal-prisoner habeas-corpus saving-clause second-or-successive second-or-successive-motion statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether a federal prisoner's challenge to his conviction or sentence under 28 U.S.C. §2255 is 'inadequate or ineffective' - and thus the prisoner may raise that challenge in a habeas petition under 28 U.S.C. §2241 - because the challenge relies on a new decision of this Court that interprets and narrows the reach of a federal statute, and §2255(h) bars the prisoner from raising that challenge in a second or successive §2255 motion

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW A federal prisoner who seeks to challenge the legality of his conviction or sentence usually must do so in a motion under 28 U.S.C. §2255. Under the saving clause in §2255(e), however, a prisoner may file a petition for a writ of habeas corpus under 28 U.S.C. §2241 when it “appears” that a §2255 motion is “inadequate or ineffective to test the legality of his detention.” The question presented is whether a federal prisoner’s challenge to his conviction or sentence under 28 U.S.C. §2255 is “inadequate or ineffective” — and thus the prisoner may raise that challenge in a habeas petition under 28 U.S.C. §2241 — because the challenge relies on a new decision of this Court that interprets and narrows the reach of a federal statute, and §2255(h) bars the prisoner from raising that challenge in a second or successive §2255 motion? i STATEMENT OF RELATED CASES United States v. Mark Linnear Hays, No. 3:95-cr-0141, United States District Court for the Northern District of Texas. District court proceeding in which sentence sought to be challenged in this case was imposed. Judgment entered on October 21, 1996. United States v. Mark Linnear Hays, No. 96-11326, United States Court of Appeals for the Fifth Circuit. Direct appeal. Judgment entered on April 16, 1999. United States v. Mark Linnear Hays, No. 3:00-cv-0842, United States District Court for the Northern District of Texas. Hays’s first 28 U.S.C. §2255 proceeding. Judgment entered on September 26, 2000. United States v. Mark Linnear Hays, No. 00-11146, United States Court of Appeals for the Fifth Circuit. Denial of certificate of appealability related to Hays’s first 28 U.S.C. §2255 proceeding. Judgment entered on April 6, 2001. Mark Linnear Hays v. Randy L. Tews, No. 14-cv-5081, United States District Court for the Central District of California. Proceeding on petition for a writ of habeas corpus under 28 U.S.C. §2241. Judgment entered on September 28, 2015. Mark Linnear Hays v. Randy L. Tews, No. 15-56593, United States Court of Appeals for the Ninth Circuit. Affirming dismissal of §2241 petition. Judgment entered on June 10, 2019. il

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States of America to respond filed.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Mark Hays
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent