WHITT v. UNITED STATES OF AMERICA et al

Filing 12

Entry and Order Dismissing Action - This § 2241 action must now be dismissed with prejudice. His renewed request for the appointment of counsel 10 is also denied. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 10/3/2013.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
INDIANAPOLIS DIVISION

SAMUEL L. WHITT,

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Petitioner,
vs.
J. OLIVER,
Respondent.

Case No. 2:13-cv-117-JMS-WGH

Entry and Order Dismissing Action
I.
Samuel Whitt was convicted in the United States District Court for the Northern District
of Indiana of a drug offense. His conviction was affirmed on direct appeal in United States v.
Whitt, 211 F.3d 1022 (7th Cir. 2000), and his challenge pursuant to 28 U.S.C. § 2255(a) was
rejected. Whitt v. United States, 2011 WL 1549228 (N.D.Ind. 2011).
Whitt’s petition for a writ of habeas corpus challenging his conviction is denied because
the very limited circumstances in which the “savings clause” of 28 U.S.C. § 2255(e) are not
implicated by his petition. Hill v. Werlinger, 695 F.3d 644, 645 (7th Cir. 2012)(“A federal
prisoner may use a § 2241 petition for a writ of habeas corpus to attack his conviction or
sentence only if § 2255 is ‘inadequate or ineffective.’”)(quoting 28 U.S.C. § 2255(e)).
Specifically, the claim he makes challenging the effectiveness of counsel with respect to plea
negotiations does not support his factual innocence of the underlying drug offenses of which he
was convicted. Moreover, he relies on decisional law which has not been held to apply
retroactively to cases on collateral review.

Whitt has sought has sought relief pursuant to 28 U.S.C. § 2241 under circumstances
which do not permit or justify the use of that remedy. Thus, this § 2241 action must now be
dismissed with prejudice. His renewed request for the appointment of counsel [dkt 10] is also
denied.
II.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

10/03/2013
Date: __________________
_______________________________

Distribution:
Samuel L. Whitt
04807-027
Terre Haute FCI
P.O. Box 33
Terre Haute, IN 47808
All electronically registered counsel

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana