United States District Court, E.D. Arkansas, Eastern Division
BILLY GENE RIPPEE, Reg. #22906-044 PETITIONER
GENE BEASLEY, Warden RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge J. Leon Holmes. Any party may serve and
file written objections to this recommendation. Objections
should be specific and should include the factual or legal
basis for the objection. If the objection is to a factual
finding, specifically identify that finding and the evidence
that supports your objection. An original and one copy of
your objections must be received in the office of the United
States District Court Clerk no later than fourteen days from
the date of the findings and recommendations. The copy will
be furnished to the opposing party. Failure to file timely
objections may result in a waiver of the right to appeal
questions of fact.
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
1. Why the record made before the Magistrate Judge is
2. Why the evidence to be proffered at the new hearing (if
such a hearing is granted) was not offered at the hearing
before the Magistrate Judge.
3. The details of any testimony desired to be introduced at
the new hearing in the form of an offer of proof, and a copy,
or the original, of any documentary or other non-testimonial
evidence desired to be introduced at the new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
November 14, 2006, a jury in the Eastern District of Missouri
convicted Petitioner, Billy Gene Rippee, of being a felon in
possession of a firearm. United States v. Rippee,
No. 1:05-cr-00092-JCH-1 (E.D. Mo.); (Doc. No. 2 at 2). The
Court sentenced him to 327 months' imprisonment.
(Id.) Mr. Rippee appealed, and the United States
Court of Appeals for the Eighth Circuit affirmed his
conviction. United States v. Rippee, No. 07-2958,
2009 WL 187941 (8th Cir. January 28, 2009).
March 17, 2010, Mr. Rippee filed a 28 U.S.C. § 2255
motion to vacate sentence in the Eastern District of
Missouri. Rippee v. United States, No.
1:10-cv-00050-JCH (E.D. Mo.). The Court denied Mr.
Rippee's motion and, on appeal, the Eighth Circuit denied
a certificate of appealability. United States v.
Rippee, No. 12-4042 (8th Cir. April 19, 2013).
Mr. Rippee, an inmate at the Forrest City Federal
Correctional Institute, seeks relief from this Court through
the filing of a 28 U.S.C. § 2241 Petition for Writ of
Habeas Corpus. (Doc. No. 2.) For the following reasons, I
find this Court lacks jurisdiction and recommend that ...