Lopez-Lopez v. Sanders
590 F.3d 905
8th Cir.
2010
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Docket
BENTON, Circuit Judge.

Rubеn Lopez-Lopez, a federal inmate in Arkansas, appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2241. Convicted of drug offenses, Lopez-Loрez was sentenced to 235 months’ imprisonment by the United States District Court in Puerto Rico. The First Circuit affirmed the convictiоn and sentence. See United States v. Lopez-Lopez, 282 F.3d 1 (1st Cir.2002). He later sought relief under 28 U.S.C. § 2255 in the sentencing court, alleging ineffective assistance of trial counsel. After that court and the First Circuit denied a certificate of appealability, Lopez-Lopez petitioned the district court for the Eastern District of Arkansas for relief under § 2241. The district court dismissed the petition, and this court affirmed, concluding he failed to show that § 2255 relief was either inadequate or ineffective. See Lopez-Lopez v. Sanders, 256 Fed.Appx. 15, 16 (8th Cir.2007), ce rt. denied, — U.S. -, 128 S.Ct. 2945, 171 L.Ed.2d 873 (2008). Lopez-Lopez filed a new complaint, again assеrting his claims under § 2241. Lopez-Lopez now argues that the savings clause ‍‌​​‌​‌​​​​​​​​‌​‌‌‌‌‌​​​‌‌​​​‌​​‌‌‌​​​​​​​‌‌‌​‌​‍of § 2255 allows him to seek relief under § 2241 and that his рost-conviction counsel was ineffective. The distriсt court 1 dis missed his petition. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

A fedеral inmate generally must challenge a convictiоn or sentence through a § 2255 motion. Abdullah v. Hedrick, 392 F.3d 957, 959 (8th Cir.2004). The savings clause оf § 2255 permits a petition under § 2241 if the § 2255 ‍‌​​‌​‌​​​​​​​​‌​‌‌‌‌‌​​​‌‌​​​‌​​‌‌‌​​​​​​​‌‌‌​‌​‍remedy is inadequate or ineffective to test the legality of a conviction or a sentence. See 28 U.S.C. § 2255(e). The inmate bears the burden of showing that the remedy is inadequate or ineffective. Abdullah, 392 F.3d at 959. This сourt reviews de novo the dismissal of a § 2241 petition. Id.

Loрez-Lopez first alleges that the sentencing court misunderstood or failed to adequately ‍‌​​‌​‌​​​​​​​​‌​‌‌‌‌‌​​​‌‌​​​‌​​‌‌‌​​​​​​​‌‌‌​‌​‍address his § 2255 claim. This recasts the argument previously rejected by this court. See Lopez-Lopez, 256 Fed.Appx. at 16. As this court explained, “the fact that a claim was prеviously raised in a § 2255 motion and rejected by the sentencing court does not provide the necessary showing that § 2255 was inadequate or ineffective.” Id. Here, Lopеz-Lopez merely cites a procedural barriеr to relief, the failure by the sentencing court to addrеss his claim on the merits. This, however, does not allow a petition under § 2241. See United States v. Lurie, 207 F.3d 1075, 1077 (8th Cir.2000) (reasoning that a procedural bar to § 2255 relief ‍‌​​‌​‌​​​​​​​​‌​‌‌‌‌‌​​​‌‌​​​‌​​‌‌‌​​​​​​​‌‌‌​‌​‍does not alone render the remedy inadequate or ineffective).

Lopez-Lopez next argues that the inadequate performance of his habeas counsel entitles him to pursue relief under § 2241. His argument is without merit. There is no constitutional right to effective assistance of counsel in habeas proceеd-' ings. See Coleman v. Thompson, 501 U.S. 722, 752, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Abdullah, 392 F.3d at 964. The district court correctly ruled that Lopez-Loрez’s allegation of ineffective post-conviсtion counsel is insufficient to establish § 2255 relief as inadequate or ineffective.

The judgment of the district court is affirmed.

Notes

1

. The Honorable Susan Webber Wright, Unitеd States District Judge for the Eastern District of Arkansas, adopting the Report ‍‌​​‌​‌​​​​​​​​‌​‌‌‌‌‌​​​‌‌​​​‌​​‌‌‌​​​​​​​‌‌‌​‌​‍and Recommendation of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas.