NORRIS v. WARDEN et al
Entry Dismissing Action and Directing Entry of Final Judgment - Having considered the petition for writ of habeas corpus of John Norris and the return to order to show cause, and being duly advised, the Court finds that Norris's habeas petition must be denied. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to petitioner via US Mail. Signed by Judge William T. Lawrence on 8/18/2017.(RSF)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
WARDEN, et al.,
Entry Dismissing Action and Directing Entry of Final Judgment
Having considered the petition for writ of habeas corpus of John Norris and the return to
order to show cause, and being duly advised, the Court finds that Norris’s habeas petition must be
denied. This conclusion rests on the following facts and circumstances:
Norris is serving a 108 month term of imprisonment imposed by the United States
District Court for the Western District of Missouri for violations of 18 U.S.C. § 1341, Mail Fraud,
and 18 U.S.C. § 1349, Conspiracy to Commit Mail and Wire Fraud.
Norris seeks habeas corpus relief pursuant to 28 U.S.C. § 2241(c)(3). AA necessary
predicate for the granting of federal habeas relief [to a petitioner] is a determination by the federal
court that [his or her] custody violates the Constitution, laws, or treaties of the United States.” Rose
v. Hodges, 423 U.S. 19, 21 (1975).
Norris’s habeas claims lack merit for the following reasons:
Federal clemency lies within the exclusive discretion of the President. Presidential exercise
of the pardon authority is not subject to review pursuant to the Administrative Procedures
Act. Franklin v. Mass., 505 U.S. 788, 800-01 (1992).
Norris has no recognized right under the Deferred Action for Parents of Americans, which
was never put into effect and which in any event was rescinded by the Secretary of the
Department of Homeland Security on June 15, 2017.
Norris has not disputed the government’s arguments on any of the foregoing points
and for the reasons explained above his petition for writ of habeas corpus must be denied.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana
TERRE HAUTE - FCI
TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 33
TERRE HAUTE, IN 47808
Jill Z. Julian
UNITED STATES ATTORNEY'S OFFICE
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