Peek v. Haynes

Filing 14

ORDER ADOPTING 11 the Magistrate Judge's Report and Recommendations. Peek's petition for writ of habeas corpus is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 1/9/2013. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

us

COURT

' çij

ow.

Z013.JAN -q P 2; 3
ANTHONY REGINALD PEEK,

$O. 01ST. OF GA,

Petitioner,
vs.

CIVIL ACTION NO.: CV212-155

ANTHONY HAYNES, Warden,
Respondent.

ORDER
After an independent and do novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Petitioner Anthony Peek ("Peek") disagrees with the
Magistrate Judge's finding that Be-gay v. United States, 553 U.S. 137 (2008), and
Johnson v. United States, U.S. , 130 S. Ct. 1265 (2010), do not apply
retroactively to actual innocence claims brought under 28 U.S.C. § 2241. Peek cites
Chaplin v. Hickey, 458 F. App'x 827 (11th Cir. 2012), as support for his disagreement. It
appears that Peek is conflating two (2) concepts applicable to section 2241
jurisprudence. The Magistrate Judge correctly noted that

Begav

and Johnson do not

apply retroactively to cases on collateral review for purposes of satisfying the savings
clause of 28 U.S.C. § 2255, as set forth in Wofford v. Scott, 177 F.3d 1236, 1244 (11th
Cir. 1999). Chaplin, however, stands for the proposition that an inmate may present his
claim that he was wrongly sentenced under the Armed Career Criminal Act ("ACCA"),

AU 72A
(Rev. 8/82)

18 U.S.C. § 924(e)(1), in a § 2241 petition. 458 F. App'x at 827. An inmate still has to
prove that he was wrongly sentenced under the ACCA. As the Magistrate Judge
observed in his Report, Peek cannot make this showing. (Doc. No. 11, p. 5, n.2).
Peek's Objections are

overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Peek's petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED. The Clerk of Court
is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this \ day of

, 2013.

ODBEY WOOD, CHIEF JUDGE
D STATES DISTRICT COURT
-IERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

II