Shirley Walker v. Arkansas Dept. of Correction

08-3021Court of Appeals for the Eighth CircuitDec 31, 2009

Full text

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-1804
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Joseph Eric Peluso, III, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
T. C. Outlaw, Warden, FCI Forrest *
City, AR, * [UNPUBLISHED]
*
Appellee. *
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Submitted: November 27, 2009
Filed: December 3, 2009
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Before BYE, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Joseph Peluso appeals the district court’s 1 order dismissing his 28 U.S.C.
§ 2241 petition. Upon careful review of the record, we conclude dismissal was proper
because Peluso’s attacks on the validity of his sentence are properly brought pursuant
to 28 U.S.C. § 2255 in the court which imposed his sentence. See Matheny v.
1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas, adopting the recommendation of The Honorable Henry L. Jones,
Jr., United States Magistrate Judge for the Eastern District of Arkansas.

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Morrison, 307 F.3d 709, 711 (8th Cir. 2002); § 2255(a). Accordingly, we affirm. See
8th Cir. R. 47B.
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