Williams v. Flournoy

Filing 10

ORDER ADOPTING 8 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DISMISSES Williams' Petition brought pursuant to 28 U.S.C. § 2241 and DIRECTS the Clerk to CLOSE this case and to enter the appropriate judgment of dismissal. The Court DENIES Williams in forma pauperis status on appeal. Signed by Judge Lisa G. Wood on 11/9/2017. (ca)

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:lfor tlie ^ontliem Btfi^trttt ot ({leorsta
Prttnolotck Btiitiefion
FRANKLIN L, WILLIAMS,

Petitioner,

CIVIL ACTION NO.: 2:17-cv-80

V.

J.V. FLOURNOY, Warden,

Respondent.

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's
Report and Recommendation, dkt. no. 8, to which Petitioner

Franklin Williams (^"Williams") filed Objections, dkt. no. 9.

In

his Objections, Williams contends he set forth a new claim in

his 28 U.S.C. § 2241 Petition—his right to have counsel of his

own choosing—which allows him to use the saving clause of 28
U.S.C. § 2255(e) to proceed with his Section 2241 Petition.
Even if this were a new claim, Williams cannot proceed with his

Petition via the saving clause.

Put succinctly. Section 2241 is

the proper avenue for post-conviction relief in limited

circumstances, such as when the remedy afforded by 28 U.S.C.

§ 2255 is ^'inadequate or ineffective".

28 U.S.C. § 2254(e).

Section 2241 cannot be used, however, if the petitioner could
have raised a claim in a Section 2255 motion.

McCarthan v. Dir

of Goodwill Indus.-Suncoast, Inc., 851 F.3d 1076 (11th Cir.
2017).

To the extent Williams asserts he raised a "new" claim

with his latest Section 2241 Petition, such an attempt fails.
Williams has filed numerous post-conviction motions and

petitions in this Court, and his failure to raise any new claim
until now does not render Section 2255's remedy "ineffective or
inadequate".

The Court OVERRULES Williams' Objections and ADOPTS the

Magistrate Judge's Report and Recommendation as the opinion of
the Court.

The Court DISMISSES Williams' Petition brought

pursuant to 28 U.S.C. § 2241 and DIRECTS the Clerk of Court to

CLOSE this case and to enter the appropriate judgment of

dismissal.

The Court DENIES Williams in forma pauperis status

on appeal.

SO ORDERED, this

I-0^

GODBEY WOOD, JUDGE

[SIITEl/ STATES DISTRICT COURT
RN

DISTRICT OF GEORGIA

, 2017.