Can Alaimalo bring a second petition for habeas corpus pursuant to Section 2255(e) of the Civil Procedure Act?
MultiRegion, United States of America
The following excerpt is from Alaimalo v. U.S., D.C. No. 2:08-cv-01090-GPS-JTL, No. 08-56349 (9th Cir. 2011):
Alaimalo filed his first petition for habeas corpus pursuant to 28 U.S.C. 2241 in March 2005. The district court denied the petition on the ground that Alaimalo could have raised the Cabaccang issue in his previous 2255 petition. Alaimalo v. Shultz, No. 05-cv-300 (E.D. Cal. Sept. 29, 2005). Consequently, he could not take advantage of 2255(e), which compels a federal prisoner to file a collateral attack on his
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