United States District Court, E.D. Arkansas, Eastern Division
JAY D. LAMONT Reg. #18172-045 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
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.)
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).
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 ...