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RITTENBERRY v. MORGAN

No. 05-5606.

468 F.3d 331 (2006)

Darrell RITTENBERRY, Petitioner-Appellant, v. Jack MORGAN, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley, Mariah A. Wooten, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: MARTIN and GILMAN, Circuit Judges; SARGUS, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Petitioner-Appellant Darrell Rittenberry, who had previously filed a federal habeas petition under 28 U.S.C. § 2254 and was denied relief, filed the present habeas petition under 28 U.S.C. § 2241. Rittenberry claims that by filing under section 2241, he does not have to meet the requirement of 28 U.S.C. § 2244(b), which restricts the filing of successive petitions "under section 2254." The district...

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