Parrish Hayden, Jr. v. T. Lillard, Warden

Summary

The United States District Court for the Southern District of Illinois dismissed with prejudice Parrish Hayden’s 28 U.S.C. § 2241 petition challenging his federal sentence on double-jeopardy grounds. The court held that the challenge was not cognizable under § 2241 because § 2255 remained the proper vehicle and the savings clause did not apply under Jones v. Hendrix. The court directed the Clerk to enter judgment and provided information concerning appeal deadlines and in forma pauperis procedures.

Holdings

1. A federal prisoner generally must challenge a conviction or sentence through a § 2255 motion in the sentencing court; a § 2241 petition is unavailable unless § 2255 is inadequate or ineffective within the narrow savings-clause circumstances recognized by Jones v. Hendrix.
2. Hayden could not bring his sentence challenge under § 2241 because his circumstances did not fall within the narrow savings-clause exception.

Questions Presented

1. Whether Hayden could use a 28 U.S.C. § 2241 petition to collaterally challenge his federal sentence based on an alleged Fifth Amendment double-jeopardy violation.
2. Whether the savings clause of 28 U.S.C. § 2255(e) permitted a § 2241 challenge after the denial of Hayden's initial § 2255 motion and unsuccessful efforts to obtain authorization for a successive motion.

Disposition

dismissed