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Collins v. U.S.

United States Court of Appeals, Seventh Circuit
Dec 6, 2007
258 F. App'x 886 (7th Cir. 2007)

Summary

holding that "judges must respect the plaintiff's choice of statute to invoke . . . and give the action the treatment appropriate under that law."

Summary of this case from Banks v. United States

Opinion

No. 07-1820.

Submitted August 21, 2007.

Decided December 6, 2007.

The court initially released this disposition as a nonprecedential order but has decided to revise and reissue it as an opinion.

Appeal from the District Court for the Western District of Wisconsin, Barbara B. Crabb, Chief Judge.

Bobby M. Collins, Oxford, WI, pro se.

Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.



Bobby Collins, an inmate of the Federal Correctional Institution in Oxford, Wisconsin, filed in the Western District of Wisconsin a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The district court concluded that this petition should have been filed under 28 U.S.C. § 2255, because it challenges the validity of Collins's conviction, and dismissed it (rather than transferring it to the District of Minnesota, the right venue under § 2255) because Collins has already filed and lost under § 2255.

Two assumptions appear to lie behind this ruling. One is that § 2241 deals only with conditions of confinement and cannot be used to contest a conviction's validity. That is incorrect; § 2241 by its terms covers any claim for release by a person who contends that his custody violates the Constitution or laws of the United States. Until 1948, when § 2255 was enacted, § 2241 was the normal means of obtaining collateral review of federal convictions. Congress did not amend or repeal § 2241 when § 2255 was enacted — though paragraph 5 of § 2255 makes that section the exclusive remedy unless "the remedy by motion is inadequate or ineffective to test the legality of his detention."

The district court's other assumption is that the statutory limits on the number of actions invoking § 2255, and the requirement of appellate approval for successive motions, also apply to proceedings under § 2241. That assumption is inconsistent with Felker v. Turpin, 518 U.S. 651, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996), which holds that changes made by the Antiterrorism and Effective Death Penalty Act of 1996 do not apply to proceedings under § 2241. See also, e.g., Valona v. United States, 138 F.3d 693 (7th Cir. 1998).

This is a genuine proceeding under § 2241. Collins is in federal custody; the action was filed, against his custodian, in the district of custody. It cannot be treated as an action under § 2255, because only the District of Minnesota may entertain such an action. Moreover, both the Supreme Court in Felker and this court in several opinions have held that judges must respect the plaintiff's choice of statute to invoke — whether § 2241, § 2255, or 42 U.S.C. § 1983 — and give the action the treatment appropriate under that law. See, e.g., Copus v. Edgerton, 96 F.3d 1038 (7th Cir. 1996).

A motion in a criminal case — whether nominally under Fed.R.Crim.P. 33, or bearing an ancient title such as coram vobis or audita querela — may be treated as one under § 2255, because the caption on a document does not matter. (Section 2255 itself authorizes motions in the original criminal case.) See, e.g., Melton v. United States, 359 F.3d 855 (7th Cir. 2004). Castro v. United States, 540 U.S. 375, 124 S.Ct. 786, 157 L.Ed.2d 778 (2003), adds that before reclassifying a proceeding as one under § 2255, the district judge first must alert the prisoner to the consequences of this step and give him an opportunity to withdraw the request. Cf. Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005) (motion nominally under Fed.R.Civ.P. 60(b) in an action seeking collateral relief may be treated as a successive request for collateral relief if it directly challenges the validity of the conviction or sentence). But § 2241 and for that matter § 1983 authorize distinct forms of relief in specific courts. Persons who initiate independent litigation are entitled to have it resolved under the grant of authority they choose to invoke.

Collins contends that he is entitled to relief under § 2241. If, as seems likely, § 2255 offered him one full and fair opportunity to contest his conviction in Minnesota, then the § 2241 action must be dismissed under § 2255 ¶ 5. But if for some reason § 2255 did not offer Collins an opportunity to test the validity of his conviction, and he presents a claim of actual innocence, then the district court must entertain this § 2241 action on the merits. Compare In re Davenport, 147 F.3d 605 (7th Cir. 1998), with Taylor v. Gilkey, 314 F.3d 832 (7th Cir. 2002).

VACATED AND REMANDED.


Summaries of

Collins v. U.S.

United States Court of Appeals, Seventh Circuit
Dec 6, 2007
258 F. App'x 886 (7th Cir. 2007)

holding that "judges must respect the plaintiff's choice of statute to invoke . . . and give the action the treatment appropriate under that law."

Summary of this case from Banks v. United States

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke - whether § 2241, § 2255, or 42 U.S.C. § 1983 - and give the action the treatment appropriate under that law."

Summary of this case from Renth v. True

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke - whether § 2241, § 2255, or 42 U.S.C. § 1983 - and give the action the treatment appropriate under that law."

Summary of this case from Staples v. True

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke-whether § 2241, § 2255, or 42 U.S.C. § 1983-and give the action the treatment appropriate under that law."

Summary of this case from Rendon-Martinez v. Werlich

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke-whether § 2241, § 2255, or 42 U.S.C. § 1983-and give the action the treatment appropriate under that law."

Summary of this case from Rickett v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke - whether § 2241, § 2255, or 42 U.S.C. § 1983 - and give the action the treatment appropriate under that law."

Summary of this case from Bailey v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke and give the action the treatment appropriate under that law."

Summary of this case from Bishop v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke - whether § 2241, § 2255, or 42 U.S.C. § 1983 - and give the action the treatment appropriate under that law."

Summary of this case from Simpson v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke-whether § 2241, § 2255, or 42 U.S.C. § 1983-and give the action the treatment appropriate under that law."

Summary of this case from Haas v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that "judges must respect the plaintiff's choice of statute to invoke-whether § 2241, § 2255, or 42 U.S.C. § 1983-and give the action the treatment appropriate under that law."

Summary of this case from Simpson v. Cross

In Collins v. Holinka, 510 F.3d 666, 667 (7th Cir. 2007), the Seventh Circuit held that district courts should not re-characterize § 2241 petitions as § 2255 motions because "judges must respect the plaintiff's choice of statute to invoke... and give the action the treatment appropriate under that law."

Summary of this case from Jenkins v. Krueger

noting that the district court must consider a § 2241 on its merits where § 2255 does not offer a petitioner a chance to test the validity of his conviction, and he presents an actual innocence claim

Summary of this case from Hampton-El v. Walton

noting that an inmate at FCI Oxford, Wisconsin but sentenced in the District of Minnesota correctly filed his § 2241 motion in the Western District of Wisconsin, and that if it had been a § 2255 motion, he should have filed it in the District of Minnesota.

Summary of this case from Dampeer v. United States

explaining that a district court must entertain a § 2241 action on its merits where § 2255 did not for some reason offer the petitioner a chance to test the validity of his conviction, and he presents an actual innocence claim

Summary of this case from Aviles v. Rios
Case details for

Collins v. U.S.

Case Details

Full title:Bobby Marvin COLLINS, Petitioner-Appellant, v. UNITED STATES of America…

Court:United States Court of Appeals, Seventh Circuit

Date published: Dec 6, 2007

Citations

258 F. App'x 886 (7th Cir. 2007)
258 F. App'x 886

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