Harry Whitman v. James Keys

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HARRY J WHITMAN, No. 20-35314

Petitioner-Appellant, D.C. No. 2:19-cv-00198-SAB

v.

MEMORANDUM*

JAMES KEYS, Superintendent Airway Heights Correction Center,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of Washington Stanley A. Bastian, Chief District Judge, Presiding

Argued and Submitted November 8, 2021 Seattle, Washington

Before: GOULD, TALLMAN, and BUMATAY, Circuit Judges.

Appellant Harry J. Whitman appeals the dismissal of his 28 U.S.C. § 2241

petition for a writ of habeas corpus. While this case was on appeal before this

Court, the Supreme Court decided a potentially dispositive case, Borden v. United

States, 141 S. Ct. 1817 (2021). Further, in Allen v. Ives, 950 F.3d 1184 (9th Cir.

2020), this Court provided significant guidance on relevant issues that were not

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. briefed…