MACKEY v. WARDEN, FCC COLEMAN-MEDIUM

No. 12-14729.

739 F.3d 657 (2014)

Brian MACKEY, Petitioner-Appellant, v. WARDEN, FCC COLEMAN-MEDIUM, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 6, 2014.


Attorney(s) appearing for the Case

Allan Farquhar Brooke, II , The Bedell Firm, Jacksonville, FL, for Petitioner-Appellant.

Brian Lenny Mackey, Yazoo City, MS, pro se.

Linda Julin McNamara , David Paul Rhodes , Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, Michael A. Rotker , U.S. Department of Justice, Washington, DC, Roberta Josephina Bodnar , U.S. Attorney's Office, Orlando, FL, for Respondent-Appellee.

Before HULL and MARTIN, Circuit Judges, and BOWEN, District Judge.


HULL, Circuit Judge:

Petitioner Brian Mackey appeals the district court's denial of his 28 U.S.C. § 2241 habeas petition, which he attempted to bring pursuant to the "savings clause" in 28 U.S.C. § 2255(e). After review of the record and the briefs of the parties and the amicus, and having the benefit of oral argument, we conclude Mackey has satisfied the five requirements necessary to proceed with a § 2241 petition pursuant to § 2255(e) as set...

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