Harris v. United States of America

Filing 4

ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 8/30/2024. 1 Petitioner's §2255 motion to vacate, set aside, correct sentence DENIED as duplicative. Case DISMISSED WITH PREJUDICE. (cc: all counsel and mailed to Torrence Harris at FCI Thompson)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TORRENCE HARRIS, SR.,
Petitioner,
Case No. 24-cv-931-pp
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER DENYING AS DUPLICATIVE MOTION TO VACATE, CORRECT OR
SET ASIDE SENTENCE UNDER 28 U.S.C. §2255 (DKT NO.1) AND
DISMISSING CASE

On April 15, 2024, the petitioner filed a motion under 28 U.S.C. §2255 to
vacate, set aside or correct his sentence, challenging his conviction in United
States v. Harris, et al., Case No. 17-cr-175 (E.D. Wis.). Harris v. United States,
Case No. 24-cv-453 (E.D. Wis.), Dkt. No. 1. On July 23, 2024, the petitioner
filed another, substantially identical motion with minor typographical
differences, under the impression that the original motion was “lost in the
mailing transit process.” Harris v. United States, Case No. 24-cv-931, Dkt. Nos.
1, 1-2. Both motions assert that the petitioner’s attorney did not file evidentiary
motions to suppress wiretap evidence, constituting ineffective assistance of
counsel under Strickland v. Washington, 466 U.S. 668 (1984), in violation of
the petitioner’s Sixth Amendment right to counsel. Case No. 24-cv-931, Dkt.
No. 1 at 4; Case No. 24-cv-453, Dkt. No. 1 at 4. Both motions assert that the
wiretap evidence was the product of an improper search and seizure under the
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Fourth Amendment because the wiretap application was supported by
affidavits containing “material misstatements and omissions.” Case No. 24-cv931, Dkt. No. 1 at 5; Case No. 24-cv-453, Dkt. No. 1 at 5. Because both
motions seek the same relief under the same theories, the court will dismiss
the later-filed case. The court will resolve the first-filed motion in Case No. 24cv-453 in a separate order.
The court DENIES as duplicative of the motion filed in Case No. 24-cv453 the petitioner’s motion to vacate, set aside or correct sentence under 28
U.S.C. §2255. Dkt. No. 1.
The court ORDERS that this case is DISMISSED WITH PREJUDICE.
The clerk will enter judgment accordingly.
Dated in Milwaukee, Wisconsin this 30th day of August, 2024.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
Chief United States District Judge

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