GEWIN v. ORTIZ

Filing 3

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NOT FOR PUBLICATION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
CAMDEN VICINAGE
BARRY WILLIAM GEWIN,
Petitioner
v.

DAVID E. ORTIZ,
Respondent.

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Civ. Action No. 17-5325 (RMB)

OPINION

BUMB, District Judge:
Petitioner Barry William Gewin,1 a prisoner incarcerated in
FCI Fort Dix,2 filed this petition for habeas corpus relief under

1

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).
See
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.”)
Petitioner was
indicted in 2003 for securities and wire fraud, and conspiracy
to commit securities and wire fraud.
Id. at 75.
He was
convicted and sentenced to a nine-year term of imprisonment, and
ordered to pay almost two million dollars in restitution.
Id.
at 74.
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.
Id.
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.
2

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:
The
judge
must
promptly
examine
[the
petition].
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
petitioner.
If
the
petition
is
not
dismissed,
the
judge
must
order
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—

shall

not

(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.

Coady

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.)

The petition

does not present any cognizable challenge to the execution of

Fort Dix. See FBOP Inmate Locator, available at
https://www.bop.gov/inmateloc/
2 

Petitioner’s

sentence.

The

Court

dismisses

the

petition

as

frivolous.

An appropriate order follows.
Date:

October 6, 2017

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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