Henry Ivy, Jr. v. Linda Sanders , 294 F. App'x 250 ( 2008 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-2663
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Henry L. Ivy, Jr., *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Linda Sanders, Warden, *
FCI - Forrest City, * [UNPUBLISHED]
*
Appellee. *
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Submitted: September 23, 2008
Filed: September 26, 2008
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Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
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PER CURIAM.
Henry Ivy appeals the district court’s1 dismissal of his 28 U.S.C. § 2241petition, in which he contended that he was actually innocent of one of his jury
convictions. He previously brought this claim, however, in a proceeding under 28
1
The Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
U.S.C. § 2255 in the sentencing court,2 and the court rejected the claim on the merits.
In these circumstances, we agree with the district court that Ivy could not bring his
claim under section 2241. See Abdullah v. Hedrick, 392 F.3d 957, 959 (8th Cir.
2004). We also conclude that the district court did not abuse its discretion in denying
Ivy’s motion for reconsideration. See Christensen v. Qwest Pension Plan, 462 F.3d
913, 919-20 (8th Cir. 2006) (abuse-of-discretion standard of review for Fed. R. Civ.
P. 59(e) motion); Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (same; Fed. R.
Civ. P. 60(b) motion).
Accordingly, we affirm. See 8th Cir. R. 47B.
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2
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
-2-