Whitman v. Keys

E.D. Washington

Whitman v. Keys

DecidedAugust 4, 2023

Docket2:19-cv-00198

StatusUnknown

This text of Whitman v. Keys (Whitman v. Keys) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Whitman v. Keys, (E.D. Wash. 2023).

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Opinion

1 EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON 2 Aug 04, 2023 3 SEAN F. MCAVOY, CLERK 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF WASHINGTON 9 10 HARRY J. WHITMAN, No. 2:19-CV-00198-SAB 11 Petitioner, 12 v. 13 JAMES KEYS, Superintendent Airway ORDER DISMISSING § 2241 14 Heights Correction Center, PETITION 15 Respondent. 16 17 Although the United States Supreme Court has recently adopted a seemingly 18 cavalier approach to stare decisis,1 this Court is bound to follow controlling 19 Supreme Court precedent until it is explicitly overruled by that Court. Nunez-Reyes 20 v. Holder, 646 F.3d 684, 692 (9th Cir. 2011) (citation omitted). 21 Based on the reasoning of Jones v. Hendrix, __ U.S. __, 143 S.Ct. 1857 22 (2023), this Court no longer has jurisdiction to hear Mr. Whitman’s 2241 Petition. 23

24 1 See, e.g., Dobbs v. Jackson Women’s Health Org., __ U.S. __, 142 S. Ct. 2228, 25 2319-20, 213 L.Ed.2d 545 (2022) (Breyer, J., Sotomayor, J., and Kagan, J., 26 dissenting) (criticizing the majority’s “cavalier approach” to stare decisis and 27 arguing that “the Court reverses course today for one reason and one reason only: 28 because the composition of this Court has changed”). 1 Accordingly, IT IS HEREBY ORDERED: 1. Mr. Whitman’s Petition for Writ Ad Habeas Corpus Under 28 U.S.C. 3 § 2241, ECF No. 38, is DISMISSED. IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 5|| forward copies to counsel, and close the file. DATED this 4th day of August 2023.

8 9 10 : 11 Su £ 7 C iin 12 Stanley A. Bastian 3 Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DISMISSING § 2241 PETITION ~ 2

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1 EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON 2 Aug 04, 2023 3 SEAN F. MCAVOY, CLERK 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF WASHINGTON 9 10 HARRY J. WHITMAN, No. 2:19-CV-00198-SAB 11 Petitioner, 12 v. 13 JAMES KEYS, Superintendent Airway ORDER DISMISSING § 2241 14 Heights Correction Center, PETITION 15 Respondent. 16 17 Although the United States Supreme Court has recently adopted a seemingly 18 cavalier approach to stare decisis,1 this Court is bound to follow controlling 19 Supreme Court precedent until it is explicitly overruled by that Court. Nunez-Reyes 20 v. Holder, 646 F.3d 684, 692 (9th Cir. 2011) (citation omitted). 21 Based on the reasoning of Jones v. Hendrix, __ U.S. __, 143 S.Ct. 1857 22 (2023), this Court no longer has jurisdiction to hear Mr. Whitman’s 2241 Petition. 23

24 1 See, e.g., Dobbs v. Jackson Women’s Health Org., __ U.S. __, 142 S. Ct. 2228, 25 2319-20, 213 L.Ed.2d 545 (2022) (Breyer, J., Sotomayor, J., and Kagan, J., 26 dissenting) (criticizing the majority’s “cavalier approach” to stare decisis and 27 arguing that “the Court reverses course today for one reason and one reason only: 28 because the composition of this Court has changed”). 1 Accordingly, IT IS HEREBY ORDERED: 1. Mr. Whitman’s Petition for Writ Ad Habeas Corpus Under 28 U.S.C. 3 § 2241, ECF No. 38, is DISMISSED. IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 5|| forward copies to counsel, and close the file. DATED this 4th day of August 2023.

8 9 10 : 11 Su £ 7 C iin 12 Stanley A. Bastian 3 Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DISMISSING § 2241 PETITION ~ 2

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