Opinion
No. 4:10CV39 HEA.
January 29, 2010
ORDER
This matter is before the Court on movant's successive motion under 28 U.S.C. § 2255. The motion is similar to the successive motion that movant previously brought in the case Hines v. Devore, 4:09CV1236 HEA, and the Court will dismiss this action for the reasons set forth in that case.
Although movant filed the motion as a petition under § 2241, the Court will construe it as a motion under § 2255 because the remedy under § 2255 is not inadequate or ineffective. See United States v. Lurie, 207 F.3d 1075, 1077 (8th Cir. 2000).
Accordingly,
IT IS HEREBY ORDERED that movant's motion under 28 U.S.C. § 2255 is DISMISSED, without prejudice, for the reasons set forth in the case Hines v. Devore, 4:09CV1236 HEA (order dated 10/29/2009). IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
An Order of Dismissal will accompany this Order.