Bell v. United States of America

Filing 5

ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Raymond Leo Jarlik Bell; this matter is DISMISSED WITHOUT PREJUDICE for the reasons stated in this Order. Signed by Judge Ronald B. Leighton. (DN) Modified on 9/13/2013 (DN). (cc to petitioner)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RAYMOND LEO JARLIK BELL,

CASE NO. C13-5609 RBL

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Petitioner,
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ORDER DISMISSING PETITION
WITHOUT PREJUDICE

v.
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UNITED STATES OF AMERICA,
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Respondent.
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THIS MATTER is before the court on its own Motion. Petitioner Raymond Leo Jarlick

15 Bell has filed a petition for writ habeas corpus, purportedly under 28 U.S.C. §2241 [Dkt. #1].
16 The Petition lists a variety of bases, all of which could be appealed, and which presumably are
17 the subject of the Petitioner’s current appeal of his conviction and sentence. [See Dkt. # 268]
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The Petition claims primarily that Petitioner is “actually innocent.” His Petition is

19 properly characterized as a §2255 petition.
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Absent extraordinary circumstances not present here, this Court should not consider a

21 collateral attack on a judgment while a direct appeal is pending. See Feldman v. Henman, 815
22 F.2d 1318, 1320 (9th Cir. 1987), cert. denied 503 U.S. 795 (1992); United States v. Pirro, 104
23 F.3d 297 299 (9th Cir. 1997).
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ORDER DISMISSING PETITION WITHOUT
PREJUDICE - 1

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The Petition is DISMISSED WITHOUT PREJUDICE. Petitioner may re-file, if

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IT IS SO ORDERED.

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Dated this 13th day of September, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER DISMISSING PETITION WITHOUT
PREJUDICE - 2