Hatcher v. The United States of America

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/20/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DONNELL HATCHER,

No. C 11-5786 WHA (PR)

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Petitioner,

ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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v.
UNITED STATES OF AMERICA,
Respondent.
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Petitioner, a federal prisoner, filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. 2241. The petition challenges his conviction and sentence in federal court in the

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Northern District of Alabama on the grounds that he is “actually and factually innocent” of the

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charges. A prisoner may not attack collaterally a federal conviction or sentence by way of a

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petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Grady v. United States, 929

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F.2d 468, 470 (9th Cir. 1991). Such a challenge must be brought in the district of conviction

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via a motion under 28 U.S.C. 2255. See id. The fact that petitioner has previously filed a

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Section 2255 motion that was denied does not alter this conclusion. A federal prisoner may not

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challenge his conviction under Section 2241 simply because, as here, a previous Section 2255

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motion was denied. See Aronson v. May, 85 S. Ct. 3, 5 (1964); Tripati v. Henman, 843 F.2d

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1160, 1163 (9th Cir. 1987). Accordingly, the petition for a writ of habeas corpus is DISMISSED.

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IT IS SO ORDERED.

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Dated: December

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, 2011.

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G:\PRO-SE\WHA\HC.11\HATCHER5786.DSM.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE