Matthew Millhouse, Jr. v. Zickefoose , 396 F. App'x 796 ( 2010 )

BLD-281 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 10-2015
___________
MATTHEW T. MILLHOUSE, JR.,
Appellant
v.
WARDEN DONNA ZICKEFOOSE
____________________________________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil No. 09-cv-06551)
District Judge: Honorable Jerome B. Simandle
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
September 2, 2010
Before: RENDELL, CHAGARES and VANASKIE, Circuit Judges
(Opinion filed: October 6, 2010)
_________
OPINION
_________
PER CURIAM
Matthew T. Millhouse, Jr., a prisoner proceeding pro se, appeals from the order of
the District Court dismissing his habeas petition filed under 28 U.S.C. § 2241. Because
the appeal does not present a substantial question, we will summarily affirm. See 3d Cir.
LAR 27.4; 3d Cir. IOP 10.6.
Millhouse was convicted of money laundering and related crimes in the United
States District Court for the Northern District of Ohio. He filed in that court a motion
under 28 U.S.C. § 2255, which was dismissed in 2007. The Sixth Circuit Court of
Appeals denied relief in 2008.
In January 2009, Millhouse filed in the United States District Court for the District
of New Jersey a petition under 28 U.S.C. § 2241, raising eleven claims for relief. The
District Court dismissed the petition for lack of jurisdiction, and we affirmed that
decision. See Millhouse v. Grondolsky, 331 F. App’x 108, 109 (3d Cir. 2009). In
December 2009, Millhouse filed the § 2241 petition at issue here, raising the same eleven
claims. The District Court again dismissed Millhouse’s petition for lack of jurisdiction.
Millhouse appealed, and also seeks appointment of counsel and release on bail pending
resolution of his appeal.
We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review
over the District Court’s legal determinations and apply a clearly erroneous standard to its
factual findings. See Cradle v. United States ex rel. Miner, 290 F.3d 536, 538 (3d Cir.
2002) (per curiam).
As we explained in Millhouse’s prior appeal, a § 2255 motion is the presumptive
means for a federal prisoner to challenge the validity of his conviction or sentence. See
Davis v. United States, 417 U.S. 333, 343 (1974); In re Dorsainvil, 119 F.3d 245, 249 (3d
2
Cir. 1997). A petitioner may seek relief under § 2241 only if the remedy provided by
§ 2255 is inadequate or ineffective to test the legality of his detention. See § 2255;
Dorsainvil, 119 F.3d at 249-51. Section 2255 is not inadequate or ineffective merely
because a petitioner cannot meet the gatekeeping requirements of § 2255, see Okereke v.
United States, 307 F.3d 117, 120 (3d Cir. 2002), or because the sentencing court does not
grant relief. See Cradle, 290 F.3d at 539. Millhouse fails to demonstrate that his is one
of the rare cases in which § 2255 is inadequate or ineffective, as he once again only raises
arguments concerning his conviction that could have been raised on direct appeal or in his
§ 2255 motion.
We have considered the record and Millhouse’s arguments in his memorandum in
support of his appeal and his other filings. Because 28 U.S.C. § 2255(e) deprived the
District Court of the authority to consider Millhouse’s § 2241 petition, his appeal plainly
lacks merit, and we will summarily affirm the judgment of the District Court.
Millhouse’s motions for summary action, counsel, and bail are denied.
3