Harrison v. Ollison, 9th Cir. Mar. 20, 2008
06-55470 Harrison v. Ollison
Before: J. Clifford Wallace, Thomas G. Nelson, and Sandra S. Ikuta, Circuit Judges.
IKUTA, Circuit Judge: A federal prisoner challenging the legality of a sentence must generally do so by a motion pursuant to 28 U.S.C. § 2255. However, when a motion under § 2255 is “inadequate or ineffective to test the legality” of a prisoner’s detention, see id., a prisoner may bring a habeas petition under 28 U.S.C. § 2241. This appeal requires us to determine whether the petitioner, Dave Harrison, was entitled to bring his habeas petition under § 2241. Before reaching that question, we must determine whether Harrison needs a certificate of appealability, see 28 U.S.C. § 2253(c), before he can appeal the district court’s dismissal of his § 2241 petition for lack of jurisdiction. … we affirm the decision of the district court dismissing Harrison’s petition for lack of jurisdiction. Harrison v. Ollison.
