Franklin v. Daniels

U.S. Court of Appeals for the Tenth Circuit November 15, 2011

Franklin v. Daniels, 441 F. App'x 591 (10th Cir. 2011)

Opinion

ORDER AND JUDGMENT *

HARRIS L. HARTZ, Circuit Judge.

Defendant Charles C. Franklin, a federal prisoner at the United States Peniten *592 tiary in Florence, Colorado, filed an application for habeas relief under 28 U.S.C. § 2241 in the United States District Court for the District of Colorado, challenging his conviction and sentence in the United States District Court for the Northern District of Texas. The Colorado District Court dismissed the application because Defendant has an adequate and effective remedy under 28 U.S.C. § 2255. We AFFIRM that decision for essentially the reasons stated in the district court’s Order of Dismissal. We DENY Mr. Franklin’s motion to proceed informa pauperis.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent except under the doc *592 trines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

Reference

Full Case Name: Charles Corey FRANKLIN, Petitioner-Appellant, v. Charles A. DANIELS, Respondent-Appellee
Status: Unpublished