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Rippee v. Beasley

United States District Court, E.D. Arkansas, Eastern Division

February 6, 2017

BILLY GENE RIPPEE, Reg. #22906-044 PETITIONER
v.
GENE BEASLEY, Warden RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The 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.

         If you 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 inadequate.
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.

         From 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 72201-3325

         DISPOSITION

         I. PROCEDURAL HISTORY

         On 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).

         On 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).

         Now, 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 ...


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