John G. Westine v. Warden Willie Scott

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 23, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-12647
Non-Argument Calendar
________________________
D. C. Docket No. 02-00753-CV-CAM-1
JOHN G. WESTINE,
Petitioner-Appellant,
versus
WARDEN WILLIE SCOTT,
Atlanta,
Respondent,
KATHLEEN HAWK,
Director of the Federal Bureau
of Prisons,
WARDEN WILEY,
US PROBATION OFFICE Atlanta, New Warden,
Respondents-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(March 23, 2010)

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Before DUBINA, Chief Judge, CARNES and MARCUS, Circuit Judges.
PER CURIAM:
Petitioner/Appellant John G. Westine, proceeding pro se, appeals the denial
of his motion for a status hearing on his amended “writ of habeas corpus under the
savings clause.” Westine argues that he is actually innocent of his offenses of
conviction and is entitled to relief under 28 U.S.C. § 2241 based on the savings
clause of 28 U.S.C. § 2255. He asserts that his claim was a properly filed § 2241
habeas petition.
“[I]ssues not briefed on appeal by a pro se litigant are deemed abandoned.”
Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008), cert. denied, 129 S. Ct. 74
(2008).
After reviewing the record, we conclude that Westine has abandoned any
challenge to the denial of his motion for a status hearing by not raising any
arguments related to it in his brief on appeal. Therefore, we affirm the denial of his
motion.
AFFIRMED.
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