GOODWIN v. LOCKETT
Filing
5
ENTRY Directing Further Proceedings; petitioner shall have through 12/09/09 in which to show cause why this action can proceed under § 2241 or why in alternative it should not be transferred to United States District Court for the Eastern District of Missouri. Signed by Judge William T. Lawrence on 11/17/2009. cm(NKD)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
MICHAEL GOODWIN, Petitioner, vs. CHARLES LOCKETT, Warden, Defendants.
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2:09-cv-307-WTL-DML
Entry Directing Further Proceedings Petitioner Goodwin is confined within this District and seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c)(3). He challenges the validity of a sentence imposed by the United States District Court for the Eastern District of Missouri. The petitioner may have an uphill path to travel in demonstrating that a remedy via § 2241(c)(3) should be available to him. And it is his burden to show that such a remedy is the proper one. Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001); Charles v. Chandler, 180 F.3d 753, 756 (6th Cir. 1999). A writ of habeas corpus via § 2241 may be utilized by a federal prisoner to challenge the legality of his or her conviction or sentence in those cases where § 2255 is "inadequate or ineffective to test the legality of [the] detention." 28 U.S.C. § 2255(e). A remedy via § 2255 is "inadequate" when its provisions limiting multiple § 2255 motions prevent a prisoner from obtaining review of a legal theory that "establishes the petitioner's actual innocence." Taylor v. Gilkey, 314 F.3d 832, 835 (7th Cir. 2002). On the basis of the foregoing, therefore, the petitioner shall have through December 9, 2009, in which to show cause why this action can proceed under § 2241 or why, in the alternative, it should not be transferred to the United States District Court for the Eastern District of Missouri. IT IS SO ORDERED. _______________________________ Date: 11/17/2009 Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana
Distribution: Michael Goodwin #28182-044 Terre Haute - FCI P.O. Box 33 Terre Haute, IN 47808
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