Pierre v. Outlaw

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 2 , as supplemented, and dismissing Pierre's petition for a writ of habeas corpus without prejudice. Signed by Judge D. P. Marshall Jr. on 11/30/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

ANDY PIERRE

v.

PLAINTIFF

No.2:11-cv-182-DPM

T.C. OUTLAW, Warden,

FCI - Forrest City

DEFENDANT

ORDER
Pierre has not objected to Magistrate Judge Beth Deere's Recommended
Disposition. Reviewing for clear factual error and for legal error, FED. R. CN.
P. 72(b) (1983 addition to advisory committee notes), the Court adopts the
recommendation with two additional notes.
First, after Judge Deere entered her recommendation, Judge Hurley in
the Southern District of Florida denied Pierre's petition on procedural
grounds. United States v. Pierre, No. 9:99-cr-8091-DTKH-2, Docket Entry 196.
But as Judge Deere noted, this procedural bar to his section 2255 claim does
not justify relief under section 2241. United States v. Lurie, 207 F.3d 1075, 1077
(8th Cir. 2000). Second, Pierre has since paid his filing fee. Document No.4.
Recommended Disposition, Document No.2, adopted as supplemented.

Pierre's petition for a writ of habeas corpus is dismissed without prejudice.
So Ordered.

1/

D.P. Marshall Jr.

United States District Judge

3D Nw.

-2­

')..011