Stay of Execution Denied

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7^th Circuit Court of Appeals

Case Name: Christopher Andre Vialva v. T.J. Watson, Warden

Case No.: 20-2710

Officials: EASTERBROOK, KANNE, and ROVNER, Circuit Judges.

Focus: Stay of Execution Denied

Christopher Vialva has been sentenced to death for murders he committed in 1999. In this proceeding under 28 U.S.C. §2241 he seeks a stay of his execution, which is scheduled for September 24. The district court denied that request, ruling that resort to §2241 is forbidden by 28 U.S.C. §2255(e), which provides: “An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” The district court held that §2255 is adequate to resolve Vialva’s legal claims. After reviewing the parties’ briefs, which address the merits as well as the request for a stay, we agree with that conclusion.

The motion for a stay of execution is denied, and the judgment of the district court is summarily affirmed.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.