Falso v. Wilson

Filing 10

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 12/16/2013. (tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

DAVID J. FALSO,

Petitioner,
v.

Civil Action No. 3:13-cv-00356-JAG

ERIC D. WILSON,

Respondent.
MEMORANDUM OPINION

This matter comes before the Court on the respondent's Motion to Dismiss the

petitioner's 28 U.S. § 2241 Petition for a Writ of Habeas Corpus. (Dk. No. 5.) The petitioner,
David Falso, is a federal inmate at the Federal Correctional Complex, Petersburg.

He has

submitted a 28 U.S.C. § 2241 petition1 ("2241 Petition") challenging his sentence imposed by
the United States District Court for the Northern District of New York ("Sentencing Court.")

Falso's petition cannot show that relief under 28 U.S.C. § 2255 would be inadequate or
ineffective. Hence, his 2241 Petition constitutes an unauthorized, successive § 2255 motion and
the respondent's Motion to Dismiss will be GRANTED.

1That statute provides, inpertinent part:
(c) The writ of habeas corpus shall not extend to a prisoner unless (1) He is in in custody under or by color of the authority of the United States or is committed
for trial before some court thereof; or

(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an
order, process, judgment or decree of a court or judge of the United States; or
(3) He is in custody in violation of the Constitution or laws or treaties of the United States ..
28 U.S.C. § 2241(c)(l)-(3).