Johnny Peoples v. Bruce Chatman, 393 F.3d 1352 (11th Cir. 2004). · Go Syfert
Johnny Peoples v. Bruce Chatman, 393 F.3d 1352 (11th Cir. 2004). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 10 distinct courts.
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At page 1353 Determining which habeas statute governs state prisoner petitions29 citing casesBecause there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions of § 2254), and because one of those restrictions is the one-year statute of limitations set out in § 2244(d6 citing courts put it this way
  • Hart v. Headley, No. 1:22-cv-00209 (S.D. Ala. May 31, 2023).
    ([T]his court has explicitly held that the § 2244 statute of limitations applies to petitions governed by § 2254.)
  • Taylor v. Butler, No. 1:22-cv-00127 (S.D. Ala. May 20, 2022).
    ([T]his court has explicitly held that the § 2244 statute of limitations applies to petitions governed by § 2254.)
  • Williams v. Butler, No. 1:22-cv-00165 (S.D. Ala. May 19, 2022).
    ([T]his court has explicitly held that the § 2244 statute of limitations applies to petitions governed by § 2254.)
  • Spivey, No. 5:24-cv-00086 (S.D. Ga. Feb. 23, 2026).
    As for the proper form of habeas relief, “for those imprisoned pursuant to a State court judgment, . . . the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions.” Peoples v. Chatma…
  • Bennett, No. 2:25-cv-00046 (S.D. Ga. Nov. 24, 2025).
    As for the proper form of habeas relief, “for those imprisoned pursuant to a State court judgment, we held that the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions.” Peoples v.…
  • Coleman v. Ammons, No. 5:24-cv-00056 (S.D. Ga. July 14, 2025).
    As for the proper form of habeas relief, “for those imprisoned pursuant to a State court judgment, we held that the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions.” Peoples v.…
  • Crouch v. Jessup, No. 2:24-cv-00032 (S.D. Ga. Sept. 9, 2024).
    While “the habeas corpus remedy is authorized by § 2241,” it is “also subject to § 2254 and all of its attendant restrictions.” Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004).
  • Quarterman v. Danforth, No. 5:23-cv-00102 (S.D. Ga. Sept. 4, 2024).
    As for the proper form of habeas relief, “for those imprisoned pursuant to a State court judgment, we held that the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions.” Peoples v.…
  • Timms v. Aspinwall, No. 2:23-cv-00105 (S.D. Ga. Sept. 4, 2024).
    As for the proper form of habeas relief, “for those imprisoned pursuant to a State court judgment, we held that the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions.” Peoples v.…
  • Deptula v. Warden, Desoto Corr. Inst., No. 2:24-cv-00052 (M.D. Fla. Jan. 23, 2024).
    The Eleventh Circuit squarely rejected that tactic in Peoples v. Chatman: Because there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions o…
Show 19 more citing cases
  • Dixon v. State of Georgia Attorney Gen., No. 2:23-cv-00032 (S.D. Ga. Jan. 3, 2024).
    While “the habeas corpus remedy is authorized by § 2241,” it is “also subject to § 2254 and all of its attendant restrictions.” Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004).
  • Hall v. Harris, No. 2:23-cv-00301 (M.D. Fla. Sept. 11, 2023).
    Habeas petitions filed under § 2241 by those in custody pursuant to a state court judgment are “governed by and subject to the rules and restrictions found in § 2254.” Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004).
  • Harvey v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:22-cv-01217 (M.D. Fla. Apr. 17, 2023).
    (holding that a state prisoner’s § 2241 habeas petition was subject to the one-year statute of limitations in § 2244(d)(1))
  • Drago v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:21-cv-00865 (M.D. Fla. Feb. 17, 2022).
    The Court construes the petition challenging a decision by the Florida Commission on Offender Review as a petition for a writ of habeas corpus under 28 U.S.C. § 2241 “governed by and subject to the rules and restrictions found in Section 2…
  • Brooks v. Ware Cnty. Jail, No. 5:19-cv-00124 (S.D. Ga. Jan. 22, 2021).
    While “the habeas corpus remedy is authorized by § 2241,” it is “also subject to § 2254 and all of its attendant restrictions.” Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004).
  • Daker v. Sapp, No. 6:18-cv-00013 (S.D. Ga. Aug. 6, 2019).
    While “the habeas corpus remedy is authorized by § 2241,” it is “also subject to § 2254 and all of its attendant restrictions.” Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004). .
  • Antonelli v. Warden, U.S.P. Atlanta, 542 F.3d 1348 (11th Cir. 2008).published
    (§ 2244(d) statute of limitations applies to § 2241 petitions by state prisoner in custody after parole revocation)
  • Herman Chambers, Jr. v. Florida Parole Comm'n, 257 F. App'x 258 (11th Cir. 2007).unpublished
    (§ 2244 applies to collateral attack on parole revocation entered after allegedly deficient waiver of revocation hearing)
  • Jackson v. Sampson, No. 5:25-cv-00086 (M.D. Ga. July 16, 2025).
    See Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004) (per curiam) (citing Thomas v. Crosby, 371 F.3d 782, 788 (11th Cir. 2004).
  • Zebranek v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:21-cv-00559 (M.D. Fla. Jan. 10, 2024).
    (Because there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions of § 2254)
  • Timothy Sneed v. Sec'y, Florida Dep't of Corr., No. 22-13323 (11th Cir. Dec. 18, 2023).unpublished 2 cites
    (holding that a state prisoner’s § 2241 petition was subject to the one-year statute of limitations in § 2244(d)(1))
  • Hasanati v. State of Florida, No. 1:22-cv-06129 (S.D.N.Y. Sept. 6, 2022).
    (holding that there is “but one habeas corpus remedy for those imprisoned pursuant to a State court judgment, and that it was governed by both § 2241 and § 2254; for those imprisoned pursuant to a State court judgment, w…)
  • Robertson v. Cooks, No. 1:19-cv-00376 (S.D. Ala. July 18, 2019).
    See Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004) (per curiam) (“[T]here is but one means of bringing a post-conviction petition for those imprisoned under a State court judgment, and that is the writ of habeas corpus which is g…
  • Cleveland Hankerson v. Warden, 598 F. App'x 685 (11th Cir. 2015).unpublished
    (holding that a state prisoner’s § 2241 habeas petition was subject to the one-year statute of limitations in § 2244(d)(1))
  • Phillip Van Zant v. FL Parole Comm'n, 308 F. App'x 332 (11th Cir. 2009).unpublished
    See Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir.2004) (per curiam).
  • Perez v. Sec'y Dep't of Corr., No. 3:24-cv-00178 (N.D. Fla. Dec. 10, 2024).
    ANALYSIS Pursuant to 28 U.S.C. § 2244 , as amended by the Antiterrorism and Effective Death Penalty Act Of 1996 (“AEDPA”), a state prisoner’s habeas petition must be filed within one year of certain trigger dates.5 28 U.S.C. § 2244 (d)(1);…
  • Foster v. Henderson, No. 2:23-cv-00947, 2023 WL 3764566 (S.D. Ohio June 1, 2023).
    (Because there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions of § 2254), and because one of those restrictions is t…)
  • Sneed v. Dixon, No. 4:21-cv-00420 (N.D. Fla. Aug. 12, 2022).
    See, e.g., Peoples v. Chatman, 393 F.3d 1352, 1353 (11th Cir. 2004) (per curiam) (holding that § 2244(d) applied to a § 2241 petition brought to challenge state prisoner’s parole revocation); Dill v. Holt, 371 F.3d 1301 , 1302- 03 (11th Ci…
  • Allen v. White, 185 F. App'x 487 (6th Cir. 2006).unpublished
    See Greene v. Tenn. Dep’t of Corr., 265 F.3d 369, 371 (6th Cir.2001) (“ ‘[W]hen a prisoner begins in the district court, § 2254 and all associated statutory requirements [including COA’s under § 2253, if applicable] apply no matter what st…
Retrieving the full opinion text from the archive…
Johnny PEOPLES, Petitioner-Appellant,
v.
Bruce CHATMAN, Warden, Respondent-Appellee
03-12384.
Court of Appeals for the Eleventh Circuit.
Dec 20, 2004.
Published opinion
393 F.3d 1352
2004 U.S. App. LEXIS 26450
2004 WL 2930825
Allison Veronica Dawson (Fed. Pub. Def.), Fed. Def. Program, Atlanta, GA, for Petitioner-Appellant., Paula Khristian Smith, Ruth M. Pawlak, GA Dept, of Law, Atlanta, GA, for Respondent-Appellee.
Anderson, Wilson, Owens.
Cited by 30 opinions  |  Published
PER CURIAM:

Johnny Peoples appeals the district court’s dismissal of his petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2241. We issued a Certificate of Appealability (“COA”) on two issues: 1) Whether the district court erred in treating appellant’s petition as seeking relief under 28 U.S.C. § 2241? and 2) Whether the district court erred in dismissing appellant’s petition, treated as one filed pursuant to 28 U.S.C. § 2241, as time-barred? We affirm.

[*1353] DISCUSSION

I. Was the petition brought under § 225Jp or § 22^1?

Peoples filed his petition for habeas corpus after his parole was revoked by the Georgia State Board of Pardons and Paroles. In his petition, Peoples challenged the waiver of parole revocation hearing that he executed in 1998. He brought the petition pursuant to § 2241, but the Magistrate Judge, in his Report and Recommendation, treated the petition as a § 2254 petition. The district court adopted the Magistrate Judge’s Report and Recommendation with clarifications not relevant to this appeal.

In the time since the district court decided this case, this Court published an opinion that governs this case. In Medberry v. Crosby, 351 F.3d 1049 (11th Cir. 2003), this Court held that there was but one habeas corpus remedy for those imprisoned pursuant to a State court judgment, and that it was governed by both § 2241 and § 2254; for those imprisoned pursuant to a State court judgment, we held that the habeas corpus remedy is authorized by § 2241, but also subject to § 2254 and all of its attendant restrictions. Id. at 1054 n. 5. Therefore, Peoples’ petition was properly brought under § 2241 but it was governed by and subject to the rules and restrictions found in § 2254. See also Thomas v. Crosby, 371 F.3d 782 (11th Cir.2004) (reiterating the holding in Medberry and applying it to a petitioner in custody pursuant to a state court judgment who was challenging a decision of the parole board).

II. Is Peoples’ petition time-barred?

Peoples argues that the one-year period of limitation, found in 28 U.S.C. § 2244(d), for bringing a petition does not apply to a petition for writ of habeas corpus brought under § 2241; Peoples does not argue that his petition would be timely if § 2244 did apply. [1] However, as Medber-ry instructs, there is but one means of bringing a post-conviction petition for those imprisoned under a State court judgment, and that is the writ of habeas corpus ■ which is governed by both § 2241 and § 2254. Also, this court has explicitly held that the § 2244 statute of limitations applies to petitions governed by § 2254. Tinker v. Moore, 255 F.3d 1331, 1334 n. 1 (11th Cir.2001) (citing Artuz v. Bennett, 531 U.S. 4, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000), and Webster v. Moore, 199 F.3d 1256, 1257 n. 3 (11th Cir.2000)).

Because there is a single habeas corpus remedy for those imprisoned pursuant to a State court judgment (authorized by § 2241 but subject to all of the restrictions of § 2254), see Medberry, 351 F.3d 1049, and because one of those restrictions is the one-year statute of limitations set out in § 2244(d), see Tinker, 255 F.3d at 1334 n. 1, it follows that the one-year statute of limitations applies to Peoples’ petition. Therefore, we conclude that Peoples’ petition was time-barred when he brought it.

AFFIRMED. [2]

1

. His concession in this regard is wise because more than 365 untolled days had elapsed.

2

. Peoples’ and the State’s request that this appeal be removed from the oral argument calendar is granted.