ERISA HabeasCorpus
Whether the bar in 28 U.S.C. § 2244(b)(1) applies to claims presented by federal prisoners in a second or successive motion to vacate under 28 U.S.C. § 2255
QUESTION PRESENTED Federal habeas law divides prisoners seeking post-conviction relief into two groups. Those in state custody file “habeas corpus applications” under 28 U.S.C. § 2254, Those in federal custody file “motions to vacate” under 28 U.S.C. § 2255. A separate statutory provision instructs district courts to dismiss any “claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application.” 28 U.S.C. § 2244(b)(1) (emphasis added). The question presented is: Whether the bar in 28 U.S.C. § 2244(b)(1) applies to claims presented by federal prisoners in a second or successive motion to vacate under 28 U.S.C. § 2255. i i]