Elawyers Elawyers
Ohio| Change

Stephen Terry Britt v. Warden, USP Atlanta, 14-14463 (2015)

Court: Court of Appeals for the Eleventh Circuit Number: 14-14463 Visitors: 109
Filed: Mar. 10, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-14463 Date Filed: 03/10/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14463 Non-Argument Calendar _ D.C. Docket No. 1:14-cv-02447-SCJ STEPHEN TERRY BRITT, Petitioner-Appellant, versus WARDEN, USP ATLANTA, Respondent-Appellee. _ Appeal from the United States District Court for the Northern District of Georgia _ (March 10, 2015) Before ED CARNES, Chief Judge, HULL and ROSENBAUM, Circuit Judges. PER CURIAM: Stephen Terry Britt ap
More
              Case: 14-14463     Date Filed: 03/10/2015   Page: 1 of 2


                                                               [DO NOT PUBLISH]



               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE ELEVENTH CIRCUIT
                          ________________________

                                 No. 14-14463
                             Non-Argument Calendar
                           ________________________

                       D.C. Docket No. 1:14-cv-02447-SCJ



STEPHEN TERRY BRITT,

                                                                Petitioner-Appellant,

                                       versus

WARDEN, USP ATLANTA,

                                                              Respondent-Appellee.

                           ________________________

                   Appeal from the United States District Court
                      for the Northern District of Georgia
                         ________________________

                                 (March 10, 2015)

Before ED CARNES, Chief Judge, HULL and ROSENBAUM, Circuit Judges.

PER CURIAM:

      Stephen Terry Britt appeals the district court’s dismissal of his pro se 28

U.S.C. § 2241 petition for lack of jurisdiction. Having already litigated a 28
              Case: 14-14463     Date Filed: 03/10/2015    Page: 2 of 2


U.S.C. § 2255 petition, Britt now relies on the savings clause of § 2255(e). The

savings clause is a jurisdictional provision, Williams v. Warden, 
713 F.3d 1332
,

1340 (11th Cir. 2013), so Britt bears the burden of showing that § 2255 is

“inadequate or ineffective” before the district court has jurisdiction to review his

§ 2241 petition, see Turner v. Warden, 
709 F.3d 1328
, 1333 (11th Cir. 2013).

      To meet that burden, Britt must show that: (1) his claim is based on a

retroactively applicable Supreme Court decision; (2) the holding of that Supreme

Court decision establishes that he was convicted of a nonexistent offense; and (3)

circuit law squarely foreclosed his claim at the time it otherwise should have been

raised. Wofford v. Scott, 
177 F.3d 1236
, 1244 (11th Cir. 1999). Britt has not

claimed that he is relying on a retroactively applicable Supreme Court decision.

See 
id. The district
court thus lacked jurisdiction to consider his arguments. See

Williams, 713 F.3d at 1339
–40.

      AFFIRMED.




                                          2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer