May 12, 2026·1:25-CV-03476-LTB-RTG·Panel Decision·Michael R. Murphy·By Aisha Johnson
The Tenth Circuit affirmed a district court order dismissing a federal prisoner's habeas corpus petition for lack of statutory jurisdiction. The court held that the petitioner must pursue his claims through a motion under Section two thousand two hundred fifty-five rather than a petition under Section two thousand two hundred forty-one.
Thomas Waters was convicted in the District of South Carolina of being a felon in possession of a firearm. He first sought relief under Section two thousand two hundred fifty-five, which was denied. He then filed a Section two thousand two hundred forty-one petition in the District of Colorado, which was dismissed for lack of jurisdiction.
The court’s reasoning
The Tenth Circuit affirmed the district court’s dismissal because the petitioner failed to demonstrate that the Section two thousand two hundred fifty-five remedy was inadequate or ineffective. The court also held that claims regarding prison transfers must be brought under Section one thousand nine hundred eighty-three.
What it means going forward
Federal prisoners must exhaust Section two thousand two hundred fifty-five remedies before filing Section two thousand two hundred forty-one petitions unless they can show the former is inadequate. Prison condition claims must be litigated as civil rights actions.
