Gross, Andrew v. Werlinger

Filing 17

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 15 Notice of Appeal. (Attachments: # 1 Info sheet, # 2 Docketing Statement, # 3 October 10, 2013 Order, # 4 Judgment, # 5 October 25, 2013 Order, # 6 Docket Sheet) (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ANDREW GROSS III,
Petitioner,

ORDER

v.

13-cv-508-wmc
R. WERLINGER, WARDEN,
FCI-OXFORD,

Respondent.

On October 10, 2013, the court dismissed the habeas corpus petition filed by the
petitioner, Andrew Gross III, for lack of subject matter jurisdiction under 28 U.S.C.
§ 2241, because he failed to show that he had no adequate opportunity to present his

claims under 28 U.S.C. § 2255.

Gross has now filed motions to alter or amend the

judgment pursuant to Fed. R. Civ. P. 59(e) and for leave to supplement his petition
under Fed. R. Civ. P. 15. Both motions must be denied because Gross does not establish
that the dismissal order was incorrect or that any of his claims are actionable under
§ 2241.

ORDER
IT IS ORDERED that the motion to alter or amend the judgment pursuant to
Fed. R. Civ. P. 59(e) (dkt. # 12) and the motion for leave to amend or supplement the
petition under Fed. R. Civ. P. 15 (dkt. # 13) are DENIED.
Entered this

dDt~ay of October, 2013.
BY THE COURT: