WHITE v. USA

WHITE v. USA

Petitioner:	BRUCE WHITE
Respondent:	USA
Case Number:	1:2014cv01615
Filed:	October 2, 2014
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Debra McVicker Lynch
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
February 16, 2018	Filing 60 Entry Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 And Denying Certificate of Appealability - Petitioner Bruce White brought this action pro se pursuant to 28 U.S.C. § 2255. In his § 2255 motion he raised two ineffective-a ssistance-of-counsel claims and a claim pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015). The Court denied his Johnson claim and set his two ineffective-assistance-of-counsel claims for a hearing. Mr. White was appointed counsel to rep resent him at the hearing. Mr. White abandoned one of his two remaining claims and proceeded at the hearing only with the following claim: whether his trial counsel, Gwendolyn Beitz, provided ineffective assistance by failing to move to withdraw M r. White's guilty plea. For the reasons explained below, the Court concludes that Ms. Beitz did not provide ineffective assistance in failing to move to withdraw the guilty plea, and thus Mr. White's § 2255 motion is denied. Mr. Whi te's motion to vacate under 28 U.S.C. § 2255 is denied for the reasons explained above. Judgment consistent with this Entry shall now issue. This Entry shall also be entered on the docket in the underlying criminal action, No. 1:13-cr-00 051-JMS-TAB-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would fin d it "debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 2/16/2018.(APD)

Date Filed

Document Text

February 16, 2018

Filing 60 Entry Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 And Denying Certificate of Appealability - Petitioner Bruce White brought this action pro se pursuant to 28 U.S.C. § 2255. In his § 2255 motion he raised two ineffective-a ssistance-of-counsel claims and a claim pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015). The Court denied his Johnson claim and set his two ineffective-assistance-of-counsel claims for a hearing. Mr. White was appointed counsel to rep resent him at the hearing. Mr. White abandoned one of his two remaining claims and proceeded at the hearing only with the following claim: whether his trial counsel, Gwendolyn Beitz, provided ineffective assistance by failing to move to withdraw M r. White's guilty plea. For the reasons explained below, the Court concludes that Ms. Beitz did not provide ineffective assistance in failing to move to withdraw the guilty plea, and thus Mr. White's § 2255 motion is denied. Mr. Whi te's motion to vacate under 28 U.S.C. § 2255 is denied for the reasons explained above. Judgment consistent with this Entry shall now issue. This Entry shall also be entered on the docket in the underlying criminal action, No. 1:13-cr-00 051-JMS-TAB-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would fin d it "debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 2/16/2018.(APD)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System

Search for this case: WHITE v. USA
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: USA
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: BRUCE WHITE
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?