Henry Ivy, Jr. v. Linda Sanders
Opinion
[UNPUBLISHED]
Henry Ivy appeals the district court’s 1 dismissal of his 28 U.S.C. § 2241 petition, in which he contended that he was actually innocent of one of his jury convictions. He previously brought this claim, however, in a proceeding under 28 U.S.C. § 2255 in the sentencing court, 2 and the court rejected the claim on the merits. In these circumstances, we agree with the district court that Ivy could not bring his claim *251 under section 2241. See Abdullah v. Hed-rick, 392 F.3d 957, 959 (8th Cir. 2004). We also conclude that the district court did not abuse its discretion in denying Ivy’s motion for reconsideration. See Christensen v. Qwest Pension Plan, 462 F.3d 913, 919-20 (8th Cir. 2006) (abuse-of-discretion standard of review for Fed.R.Civ.P. 59(e) motion); Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (same; Fed.R.Civ.P. 60(b) motion).
Accordingly, we affirm. See 8th Cir. R. 47B.
. The Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).
. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- Henry L. IVY, Jr., Appellant, v. Linda SANDERS, Warden, FCI— Forrest City, Appellee
- Status
- Unpublished