Bradley v. United States et al

Filing 3

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Petitioner Cory Bradley; motion is GRANTED. IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURT HER ORDERED that no order to show cause shall issue as torespondent. IT IS FURTHER ORDERED that the Clerk shall send petitioner a courtform for filing an action under 28 U.S.C. § 2255. A separate Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable Stephen N. Limbaugh, Jr on 3/13/12. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CORY BRADLEY,

)
)
Petitioner,
)
)
v.
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)
UNITED STATES OF AMERICA, et al.,)
)
Respondent.
)

No. 4:12-CV-245-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon the filing of Cory Bradley’s petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [Doc. #1] and motion for
leave to proceed in forma pauperis [Doc. #2]. Petitioner is an inmate at the
Forrest City Medium Federal Correctional Institution in Arkansas. Upon
consideration of petitioner’s financial information, the Court finds that he is
financially unable to pay any portion of the filing fee. Therefore, the Court will
grant petitioner leave to proceed in forma pauperis.
Background
On March 15, 2006, a jury convicted petitioner of one count of being a felon
in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was sentenced
on June 16, 2006, to 94 months’ imprisonment and 2 years of supervised release.

The United States Court of Appeals for the Eighth Circuit affirmed the judgment
on January 11, 2007, and the mandate issued on February 20, 2007.
In the instant § 2241 action, petitioner is seeking relief from his conviction
and sentence on the grounds of ineffective assistance of counsel and improper
application of the Sentencing Guidelines. In addition, he argues that his
conviction and sentence are invalid under the Supreme Court's decision in United
States v. Booker, 543 U.S. 220 (2005)(application of federal Sentencing Guideline
provisions mandating that district court impose sentence based on findings of
additional facts determined by using preponderance of evidence standard violated
the Sixth Amendment).
Discussion
A challenge to a federal conviction or sentence is most appropriately
brought as a motion under 28 U.S.C. § 2255. See United States v. Hayman, 342
U.S. 205, 217 (1952). The United States Court of Appeals for the Eighth Circuit
has held that a writ of habeas corpus may issue under § 2241 only if it appears that
the remedy by means of filing a § 2255 motion is inadequate or ineffective. See
United States v. Lurie, 207 F.3d 1075, 1077 (8th Cir. 2000). The Court notes that a
§ 2255 motion is not inadequate merely because “petitioner has allowed the one
year statute of limitations and/or grace period to expire.” Id.
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In the instant

petition, there is no indication, nor does petitioner claim, that his remedy under §
2255 is inadequate. As such, the Court will dismiss petitioner’s § 2241 action,
without prejudice, and will instruct the Clerk of Court to send him a form for filing
an action under 28 U.S.C. § 2255.
In accordance with the foregoing,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed
in forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that no order to show cause shall issue as to
respondent.
IT IS FURTHER ORDERED that the Clerk shall send petitioner a court
form for filing an action under 28 U.S.C. § 2255.
A separate Order of Dismissal will accompany this Memorandum and
Order.
Dated this 13th Day of March, 2012.

UNITED STATES DISTRICT JUDGE

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