STANKO v. DAVIS

No. 09-1073.

617 F.3d 1262 (2010)

Rudy STANKO, Petitioner-Appellant, v. Blake DAVIS, Warden, F.C.I. Englewood, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2010.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Rudy Stanko , Pro Se.

David M. Gaouette , Acting United States Attorney, Michael C. Johnson , Assistant United States Attorney, Denver, CO, for Respondent-Appellee.

Before MURPHY, McKAY, and BALDOCK, Circuit Judges.


MURPHY, Circuit Judge.

The district court dismissed as an abuse of the writ the habeas petition Rudy Stanko brought under 28 U.S.C. § 2241 to challenge the execution of his federal sentence. To resolve this appeal, we must determine whether a federal inmate1 who brings a second or successive habeas petition under 28 U.S.C. § 2241 must first obtain circuit court authorization to proceed and, if not, whether the principles that...

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