Wright v. Looney, Warden

PHILLIPS, Chief Judge

(concurring)..

I concur in the result. However, I desire to reserve the question whether,, when a prisoner has filed a motion under 28 U.S.C.A. § 2255, which sets up facts entitling him to have his sentence vacated, set aside, or corrected under the provisions of that section, has supported his motion by proof, has been denied relief, and has been denied the right to prosecute an appeal in forma pauperis, the remedy under § 2255 is inadequate or ineffective.

Here, the petitioner’s motion under § 2255 was wholly without merit.