United States District Court, S.D. Georgia, Brunswick Division
July 15, 2014
DERRICK STRAWTER, Petitioner,
SUZANNE HASTINGS, Warden, Respondent.
LISA GODBEY WOOD, Chief District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner Derrick Strawter ("Strawter") filed Objections, as supplemented. Strawter asserts that the decision in Bryant v. Warden, FCC Coleman-Medium , 738 F.3d 1253 (11th Cir. 2013), is an intervening decision which entitles him to his requested relief.
In Bryant. the United States Court of Appeals for the Eleventh Circuit stated that, in order for a petitioner to show that his prior § 2255 motion was "inadequate or ineffective to test the legality of his detention, " he must establish that:
(1) throughout his sentencing, direct appeal, and first § 2255 proceeding, our Circuit's binding precedent... had squarely foreclosed [his] claim...
(2) subsequent to his first § 2255 proceeding, the Supreme Court's decision in Beqay Iv. United States, 553 U.S. 137 (2008), ] as extended by this Court to [the petitioner's] distinct prior conviction, overturned our Circuit precedent that had squarely foreclosed [his] claim; [and] (3) the new rule announced in Begay applies retroactively on collateral review[.] Bryant , 738 F.3d at 1274. Under Bryant, Strawter must establish that the rule announced in any cases upon which he relies applies retroactively to cases on collateral review. As the Magistrate Judge informed Strawter, he failed to show that his claims were foreclosed on a previous occasion, and Bryant does not entitle him to his requested relief.
Strawters Objections are overruled. The Magistrate Judge's Report and Recommendation, as supplemented herein, is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. Strawter'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.