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Pilcher v. Beasley

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

February 20, 2019

ORLANDO LEWAYNE PILCHER, Reg #12165-042 Petitioner,
v.
GENE BEASLEY, Warden, FCI - Forrest City, 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 James M. Moody, Jr. 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 (14) 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 31, 2005, Petitioner pled guilty to two counts of Distribution of Crack Cocaine, in violation of 21 U.S.C. 841(a) and (b)(1)(A), in the Northern District of Mississippi. United States v. Pilcher, No. 4:05-cr-00034-SA-JMV-1 (N.D. Miss), Doc. No. 31. The Court imposed judgment on March 8, 2006, sentencing him to 300 months of incarceration to be followed by five years of supervised release. United States v. Pilcher, No. 4:05-cr-00034-SA-JMV-1 (N.D. Miss), Doc. No. 38 at 1. Mr. Pilcher did not pursue an appeal of the conviction. Pilcher v. United States, 2011 WL 6826505, at *1 (N.D. Miss. Dec. 28, 2011). However, in October 2011, over five years after his conviction, Mr. Pilcher filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2255 in the Northern District of Mississippi challenging his sentence. Id. The Court denied his Petition as untimely on December 28, 2011. Id. at 2.

         On November 17, 2011, while his first Petition was still pending, Mr. Pilcher filed another Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 in the Eastern District of California, where he was incarcerated at the time. Pilcher v. Pepper, No. 2:11-cv-03044-CKD (E.D. Cal.), Doc. No. 1. This Petition was transferred back to the Northern District of Mississippi, where it was denied as successive. Pilcher v. Pepper, No. 4:11-cv-00136-SA-SAA (N.D. Miss), Doc. No. 18.

         Now, Mr. Pilcher, an inmate at the Forrest City Low Federal Correctional Institute, seeks relief from this Court through the filing of another 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus. (Doc. No. 2.) After careful consideration of the Petition, for the following ...


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