Kenan v. Lompac
Opinion of the Court
MEMORANDUM
Ramone Antonio Kenan appeals the district court’s dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal of a § 2241 petition, Moore v. Reno, 185 F.3d 1054, 1054 (9th Cir. 1999), and we affirm.
We affirm the dismissal of Kenan’s claim that he is being held in custody in violation of the Due Process Clause based on the government’s alleged failure to provide him notice of forfeiture because this claim does not challenge the manner, location, or condition of the execution of Ken-an’s sentence and Kenan did not show that his remedy under 28 U.S.C. § 2255 is “inadequate or ineffective to test the legality of his detention.” 28 U.S.C. § 2255; see Hernandez v. Campbell, 204 F.3d 861, 864-65 (9th Cir. 2000).
We also affirm the dismissal of Kenan’s ineffective assistance of counsel claim. Although couched as a challenge to the execution of Kenan’s sentence, this claim in fact attacks the legality of his sentence and duplicates the claim Kenan raised in a § 2255 motion before the Middle District of North Carolina. A successive § 2255 motion disguised as a § 2241 petition requires permission of this court, which Kenan has not requested. See 28 U.S.C. § 2255. The district court therefore lacked jurisdiction to consider this claim. See United States v. Allen, 157 F.3d 661, 664 (9th Cir. 1998).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Even if permission to proceed with a second
Reference
- Full Case Name
- Ramone Antonio KENAN v. U.S.P. LOMPAC Warden
- Cited By
- 1 case
- Status
- Published