Trice v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Petitioner Ronald Louis Trice's objections (Doc. No. 6 ) to Magistrate Judge Leo I. Brisbois's July 18, 2017 Report and Recommendation are OVERRULED. 2. Magistrate Judge Leo I. Brisboiss July 1 8, 2017 Report and Recommendation (Doc. No. 3 ) is ADOPTED. 3. Petitioner Ronald Louis Trice's Petition for a Writ of Habeas Corpus (Doc. No. 1 ) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; 4. Trice's Application to Proceed in forma pauperis (Doc. No. 2 ) is DENIED.(Written Opinion). Signed by Judge Donovan W. Frank on 10/16/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Ronald Louis Trice,

Civil No. 17-1995 (DWF/LIB)
Petitioner,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

United States of America,
Respondent.

This matter is before the Court upon Petitioner Ronald Louis Trice’s (“Petitioner”)
objections (Doc. No. 6) to Magistrate Judge Leo I. Brisbois’s July 18, 2017 Report and
Recommendation (Doc. No. 3) insofar as it recommends that: (1) Petitioner’s Petition for
a Writ of Habeas Corpus be dismissed without prejudice for lack of jurisdiction; and
(2) Petitioner’s Application to Proceed in forma pauperis be denied. Respondent
United States of America filed a response to Petitioner’s objections on September 1,
2017. (Doc. No. 7.)
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference for purposes of
Petitioner’s objections. In the Report and Recommendation, Magistrate Judge Brisbois
noted that Petitioner brought a Petition for Writ of Habeas Corpus under 28 U.S.C.
§ 2241, challenging his sentence and, in particular, the trial court’s application of the
career-offender enhancement after Petitioner pleaded guilty to one count of possession
with intent to distribute controlled substances and one count of possessing a firearm in

furtherance of a drug-trafficking offense. (Doc. No. 3 at 1.) The Magistrate Judge found
that Petitioner must be dismissed without prejudice for lack of jurisdiction because a
federal inmate must challenge a conviction or sentence through a § 2255 motion. In
addition, the Magistrate Judge explained that Petitioner cannot successfully invoke the
“savings clause” because Petitioner could have raised the challenge previously. (Id. at
2-3.)
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). Having reviewed the record de novo, the Court concludes that Petitioner’s
objections do not warrant departure from the Magistrate Judge’s Report and
Recommendation, and the Court agrees with the findings and conclusions reached
therein. Based upon the de novo review of the record and all of the arguments and
submissions of the parties and the Court being otherwise duly advised in the premises, the
Court hereby enters the following:
ORDER
1.

Petitioner Ronald Louis Trice’s objections (Doc. No. [6]) to Magistrate

Judge Leo I. Brisbois’s July 18, 2017 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Leo I. Brisbois’s July 18, 2017 Report and

Recommendation (Doc. No. [3]) is ADOPTED.
3.

Petitioner Ronald Louis Trice’s Petition for a Writ of Habeas Corpus (Doc.

No. [1]) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction;
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4.

Trice’s Application to Proceed in forma pauperis (Doc. No. [2]) is

DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 16, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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