MAHDI v. CARAWAY et al

Filing 5

ENTRY Directing Further Proceedings. The Petitioner shall have through September 4, 2013, in which to show cause why this action can proceed under 28 U.S.C. § 2241(c)(3). Signed by Judge Jane Magnus-Stinson on 8/13/2013. Copy to Petitioner via U.S. Mail.(NMT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

RONALD NASIR MAHDI,
Petitioner,
v.
WARDEN J. F. CARAWAY,
Respondent.

)
)
)
)
)
)
)
)

No. 2:13-cv-236-JMS-WGH

Entry Directing Further Proceedings
Petitioner Mahdi 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 his conviction entered in the
United States District Court for the Middle District of Georgia.
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 September 4,
2013, in which to show cause why this action can proceed under 28 U.S.C. § 2241(c)(3).
IT IS SO ORDERED.

08/13/2013
Date: ______________
_______________________________

Distribution:
RONALD NASIR MAHDI
05074-067
TERRE HAUTE U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808

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