Gonzalez v. Beasley

Filing 13

ORDER adopting 7 Recommendation and overruling 10 - 12 Gonzalez's objection. The proper vehicle for his claims is a second or successive § 2255 petition. Gonzalez's § 2241 petition will therefore be dismissed without prejudice for lack of jurisdiction. Signed by Judge D. P. Marshall Jr. on 10/24/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
GABRIEL GONZALEZ
Reg. #30515-112

v.

PETITIONER

No. 2:17-cv-129-DPM
RESPONDENT

GENE BEASLEY, Warden
ORDER

On de novo review, the Court adopts the recommendation, NQ 7, and
overrules Gonzalez's objections, NQ 10-12.

FED.

R. CIV. P. 72(b)(3).

Gonzalez argues hard that his claims are about the execution of his
sentence. But they go a layer deeper: Gonzalez can't get the relief he
seeks without changes to his underlying conviction or sentence. The
proper vehicle for his claims is a second or successive § 2255 petition.
Gonzalez's § 2241 petition will therefore be dismissed without
prejudice for lack of jurisdiction.
So Ordered.

D.P. Marshall {r:
United States District Judge