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MCGEE v. MARTINEZ

No. 08-4199.

627 F.3d 933 (2010)

Steven McGEE, Appellant v. Warden Jerry MARTINEZ.

United States Court of Appeals, Third Circuit.

Filed: December 2, 2010.

Attorney(s) appearing for the Case

Dennis E. Boyle, Esq. , Boyle, Neblett & Wenger, Camp Hill, PA, Counsel for Appellant.

Kate L. Mershimer, Esq. , Office of the United States Attorney, Harrisburg, PA, Counsel for Appellee.

Before: SMITH, FISHER, and COWEN, Circuit Judges.

OPINION

SMITH, Circuit Judge.

The sole issue before the Court in this case is whether petitioner Steven McGee, a federal inmate, may maintain this suit as a habeas action under 28 U.S.C. § 2241, or whether he must re-file it as a civil rights action under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

I

Following a guilty plea to federal...

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