United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
J. THOMAS RAY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge D. P. Marshall Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.
From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
Petitioner, Moses Watts Jr., has filed a pro se Petition for a Writ of Habeas Corpus attacking his pretrial detention in the Jefferson County Jail. Doc. 2.
Petitioner states that he is detained in the Jefferson County Jail on charges of residential burglary and theft of property. Doc. 2 at 1. According to Petitioner, the police "illegally put a false charge on him, " and the prosecutor is unlawfully prosecuting the charge. He further contends that he and his wife own the property that is the subject of the charges, and therefore they are "not supported by probable cause." He requests dismissal of the pending charges.
For the reasons discussed below, the Court recommends that the Petition be dismissed, without prejudice. See Rule 4 of the Rules Governing Habeas Cases (requiring dismissal of a habeas petition on preliminary review if "it plainly appears from ...