Whitman v. Keys

Opinion

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

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

: Su £ 7 C iin Stanley A. Bastian Chief United States District Judge ORDER DISMISSING § 2241 PETITION ~ 2