Smith v. Longley

Smith v. Longley

Plaintiff:	Barry Smith
Defendant:	Archie B. Longley
Case Number:	5:2013cv00008
Filed:	January 14, 2013
Court:	US District Court for the Southern District of Mississippi
Office:	Western Office
County:	Adams
Presiding Judge:	Michael T. Parker
Presiding Judge:	David C. Bramlette
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By:	None

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Date Filed	Document Text
March 8, 2013	Filing 5 Memorandum Opinion and Order re 1 Petition for Writ of Habeas Corpus. Petitioner does not meet the "savings clause" of § 2255 and his additional arguments that he should be allowed to proceed with the instant habeas petition are w ithout merit. This Petition 1 for relief pursuant to § 2241 is dismissed with prejudice as frivolous, and, to the extent that the Petition can be construed as a § 2255 motion, it is dismissed with prejudice for lack of jurisdiction. A Final Judgment in accordance with this Memorandum Opinion and Order will be entered. Signed by Honorable David C. Bramlette, III on March 6, 2013.(lda)

Date Filed

Document Text

March 8, 2013

Filing 5 Memorandum Opinion and Order re 1 Petition for Writ of Habeas Corpus. Petitioner does not meet the "savings clause" of § 2255 and his additional arguments that he should be allowed to proceed with the instant habeas petition are w ithout merit. This Petition 1 for relief pursuant to § 2241 is dismissed with prejudice as frivolous, and, to the extent that the Petition can be construed as a § 2255 motion, it is dismissed with prejudice for lack of jurisdiction. A Final Judgment in accordance with this Memorandum Opinion and Order will be entered. Signed by Honorable David C. Bramlette, III on March 6, 2013.(lda)

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Plaintiff: Barry Smith
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Defendant: Archie B. Longley
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