DAY v. WATSON

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ROGER CHARLES DAY, JR., ) Petitioner, Vv. No. 2:20-cv-00362-JPH-DLP T. J. WATSON, Respondent. Entry Directing Further Proceedings The petitioner brings the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. To proceed under § 2241, motion pursuant to 28 U.S.C. § 2255 must be "inadequate or ineffective to test the legality of his detention." 28 U.S.C. § 2255(e). Section 2255 is inadequate or ineffective if the following three requirements are met: "(1) the petitioner must rely on a case of statutory interpretation (because invoking such a case cannot secure authorization for a second § 2255 motion); (2) the new rule must be previously unavailable and apply retroactively; and (3) the error asserted must be grave enough to be deemed a miscarriage of justice, such as the conviction of aninnocent defendant." Davis v. Cross, 863 F.3d 962, 964 (7th Cir. 2017). The petitioner's petition for a writ of habeas corpus does not appear to make him eligible to proceed under § 2241 because the three requirements set forth above are not met. Accordingly, the petitioner shall have through October 15, 2020 to show cause why his petition should not be dismissed with prejudice pursuant to 28 U.S.C. § 2255(e). SO ORDERED. Date: 9/18/2020 aud Pata \+ James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution:

ROGER CHARLES DAY, JR. 12388-050 TERRE HAUTE - USP TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808