Henry Paul Richardson v. Christopher Gomez, Warden
HabeasCorpus
Does the saving clause under 28 U.S.C. 2255(e) permit a federal prisoner to proceed in a habeas petition under 28 U.S.C. 2241 when the remedy under 28 U.S.C. 2255 is inadequate or ineffective to test the legality of a prisoner's detention?
QUESTIONS PRESENTED |. Does The Saving Clause Under Section 28 U.S.C. 2255(e), permit A Federal prisoner To Proceed in a Habeas petition Pursuant to Section 28 U.S.C. 2241, when the Remedy Under Section 28 U.S.C. 2255 is inadequate or ineffective to test the legality of a prisoner's detention when:(1) the prisoner makes a claim of Actual innocence within the meaning of : Schlup v. Delo, 513 U.S. 298 (1995),and (2) has not had an unobstructed procedural opportunity at presenting that claim? : Il. Does The Fourth Circuit Precedent in In Re jones, 226 f.3d 328 (4th Cir. 2000), erroneously Interprets Section 28 U.S.C. 2255(e), and Limits a federal prisoner's Access To Invoke The Saving Clause;and, Also Conflicts with Other Circuit Court of Appeals Interpretation of The Saving Clause? . aL . PARTIES INVOLVED All parties appear in the Caption of the Cover page. 9 ft