GEWIN v. ORTIZ
OPINION FILED. Signed by Judge Renee Marie Bumb on 10/6/17. (js)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BARRY WILLIAM GEWIN,
DAVID E. ORTIZ,
Civ. Action No. 17-5325 (RMB)
BUMB, District Judge:
Petitioner Barry William Gewin,1 a prisoner incarcerated in
FCI Fort Dix,2 filed this petition for habeas corpus relief under
The Court takes judicial notice of U.S. v. Gewin, 759 F.3d 72
(D.C. Cir. 2014) cert. denied 135 S.Ct. 1866 (2015).
Federal Rule of Evid. 201(b) (“The court may judicially notice a
fact that is not subject to reasonable dispute because it . . .
(2) can be accurately and readily determined from sources whose
accuracy cannot reasonably be questioned.”)
indicted in 2003 for securities and wire fraud, and conspiracy
to commit securities and wire fraud.
Id. at 75.
convicted and sentenced to a nine-year term of imprisonment, and
ordered to pay almost two million dollars in restitution.
In September 2007, the U.S. District Court for the
District of Columbia suspended Petitioner’s original sentence
but held him in civil contempt for failing to pay restitution.
Petitioner was incarcerated for contempt for five years
before challenging his contempt status. Id. at 75. On July 25,
2014, the D.C. Circuit Court affirmed the District Court, and
Petitioner remained incarcerated for civil contempt. Id.
Petitioner gave the Court an address for a private residence in
Enon Valley, Pennsylvania, but the Federal Bureau of Prisons
Inmate Locator indicates that Petitioner is incarcerated in FCI
28 U.S.C. § 2241 on July 21, 2017.
(ECF No. 1.)
Rule 4 of the
Rules Governing Section 2254 Cases in the United States District
Courts, applicable to 28 U.S.C. § 2241 through Rule 1, scope of
the rules, provides, in relevant part:
If it plainly appears from the
petition and any attached exhibits that the
petitioner is not entitled to relief in the
district court, the judge must dismiss the
petition and direct the clerk to notify the
respondent to file an answer, motion, or
other response within a fixed time, or to
take other action the judge may order.
28 U.S.C. § 2241 provides, in relevant part:
(c) The writ of habeas corpus
extend to a prisoner unless—
(3) He is in custody in violation of
the Constitution or laws or treaties of
the United States; or
A petition under § 2241 is primarily used by a federal prisoner
to challenge the manner in which a sentence is executed.
v. Vaughn, 251 F.3d 480, 485 (3d Cir. 2001).
Here, the petition is a 96-page nonsensical rant in which
Petitioner appears to challenge the authority of any U.S. Court
to convict and sentence him.
(ECF No. 1 at 3-4.)
does not present any cognizable challenge to the execution of
Fort Dix. See FBOP Inmate Locator, available at
An appropriate order follows.
October 6, 2017
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?