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Home / Opinion Digests / Criminal Law / No Successive Petition for State-Sentencing Claims (access required)

No Successive Petition for State-Sentencing Claims (access required)

A North Carolina prisoner’s motion under 28 U.S.C. § 2244(b)(3) seeking authoriza­tion to file a second or successive 28 U.S.C. § 2241 petition challenging the execution of his state sentence is denied; the 4th Circuit says the § 2241 petition will be treated as a petition under 28 U.S.C. § 2254 and peti­tioner has not ...

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