Washington v. USA

Filing 33

ORDER denying 32 Motion to Vacate. Signed by Judge David R. Herndon on 7/28/2016. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONALD WASHINGTON,
Petitioner,
v.

No. 14-933-DRH

UNITED STATES OF AMERICA,
Respondent.
ORDER
Defendant Ronald Washington filed a motion under Fed.R.Civ.P. 60(b)
seeking to have the judgment of conviction vacated on the basis that his criminal
conviction is void for want of jurisdiction (Doc. 32). 1 Defendant relies upon a
Seventh Circuit opinion that held magistrate judges do not have statutory
authority under the Federal Magistrates Act to accept felony guilty pleas. See
United States v. Harden, 758 F.3d 886, 888 (7th Cir. 2014). 2
Washington’s motion reasserts a challenge to the validity of his criminal
conviction and does not challenge any procedural defect in the Habeas

1

Washington filed an identical motion in his related criminal case (12-30059-DRH Doc. 70). That
motion was dismissed for lack of jurisdiction (12-30059-DRH Doc. 74).
2
Washington raised Harden based arguments in his 2255 petition. The petition was dismissed
with prejudice on September 21, 2015. Thereafter, Harden appealed. On July 8, 2016, the
Seventh Circuit issued a mandate denying Washington’s petition for rehearing and declining to
issue a certificate of appealability (finding no substantial showing of the denial of a constitutional
right).

proceeding. As such, the motion is subject to dismissal for lack of jurisdiction as
an unauthorized successive postconviction claim. See Curry v. United States,
507 F.3d 603, 604 (7th Cir. 2007); Arrieta v. Battaglia, 461 F.3d 861, 864 (7th
Cir. 2006); United States v. Scott, 414 F.3d 815 (7th Cir. 2005).
Accordingly, the Court does not have jurisdiction to consider the
defendant’s motion (Doc. 32) and DISMISSES it for lack of jurisdiction.
SO ORDERED.
Signed this 28th day of July, 2016.

Digitally signed by
Judge David R.
Herndon
Date: 2016.07.28
19:33:09 -05'00'
United States District Judge