Whetstone v. Warden, FCC Coleman-Low

Filing 3

ORDER dismissing case without prejudice and directing Clerk to enter judgment, terminate any pending motions, and close the file. Signed by Judge William F. Jung on 7/19/2021. (CCB)

Case 5:21-cv-00289-WFJ-PRL Document 3 Filed 07/19/21 Page 1 of 2 PageID 19

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CASTER DELANEY WHETSTONE,
Petitioner,
v.

Case No: 5:21-cv-289-WFJ-PRL

WARDEN, FCC COLEMAN –
LOW,
Respondent.
______________________________
ORDER DISMISSING CASE
Petitioner, proceeding pro se, initiated this case by filing a Petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner challenges his
conviction claiming he was “denied his right to effective assistance of counsel during
these proceedings.” Id. at 7.
Rule 12(h)(3) of the Federal Rules of Civil Procedure provides that “[i]f the
court determines at any time that it lacks subject matter jurisdiction, the court must
dismiss the action.” See also Rule 12, Rules Governing Section 2255 proceedings. The
Eleventh Circuit, sitting en banc, overruled prior precedent and held that 28 U.S.C. §
2241 is not available to challenge the validity of a sentence except on very narrow
grounds not present in this case. McCarthan v. Director of Goodwill Industries-Suncoast,
Inc., 851 F.3d 1076, 1079 (11th Cir. 2017) (en banc) (quoting 28 U.S.C. § 2255(e));

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Case 5:21-cv-00289-WFJ-PRL Document 3 Filed 07/19/21 Page 2 of 2 PageID 20

Bernard v. FCC Coleman Warden, 686 F. App’x 730 (11th Cir. 2017) (citing McCarthan,
851 F.3d at 1092-93).
Thus, pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings
for the United States District Courts (directing sua sponte dismissal if the petition and
records show that the moving party is not entitled to relief), this case is DISMISSED.
See also 28 U.S.C. § 2255(b). The Clerk is directed to enter judgment dismissing this
case without prejudice, terminate any pending motions, and close the file.
IT IS SO ORDERED.
DONE AND ORDERED at Tampa, Florida, on July 19, 2021.

Copies to: Pro Se Petitioner

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