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394 F. App'x 717

Stanko v. Holder

U.S. Courts of Appeals

Decided September 28, 2010

U.S. Courts of Appeals · decided 2010-09-28

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Decided 2010-09-28

¶1JUDGMENT

PER CURIAM.

¶2This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 340). It is

¶3ORDERED AND ADJUDGED that the district court’s order filed May 5, 2010, be affirmed. The court properly dismissed appellant’s petition for a declaratory judgment or, in the alternative, petition for a writ of habeas corpus, as the petition represents a collateral challenge to appellant’s criminal convictions from the District of Nebraska, such a challenge must be brought by motion in the sentencing court under 28 U.S.C. § 2255, and that remedy is not inadequate or ineffective in appellant’s case.

¶4Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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