Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lamont v. Beasley

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

August 30, 2018

JAY D. LAMONT Reg. #18172-045 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 October 6, 2005, Petitioner, Jay D. Lamont, pleaded guilty to one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1), in the United States District Court for the Western District of Missouri. (Doc. No. 10 at 1.) The court sentenced him to 180 months' imprisonment to run consecutive to a Missouri state sentence he was already serving. Id. Mr. Lamont waived his right to appeal his sentence, directly or collaterally, on any ground, except for a sentence in excess of the statutory maximum or an illegal sentence. (Doc. No. 10-1 at 12.)

         In 2016, Mr. Lamont filed a 28 U.S.C. § 2255 motion to vacate sentence in the Western District of Missouri. Lamont v. United States, 4:16-CV-00635-GAF. On January 10, 2017, United States District Judge Gary A. Fenner denied Mr. Lamont's motion to vacate sentence and declined to issue a certificate of appealability. (Id.) Subsequently, the United States Court of Appeals for the Eighth Circuit denied his application for a certificate of appealability. Lamont v. United States, Case No. 17-1564 (8th Cir. September 18, 2017).

         Now, Mr. Lamont, an inmate at the Forrest City Low Federal Correctional Institute, seeks relief from this Court through the filing of a 28 U.S.C. § 2241 habeas Petition. (Doc. No. 1.) For the following reasons, I find this Court lacks jurisdiction and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.