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Stanley v. Hobbs

United States District Court, E.D. Arkansas, Pine Bluff Division

July 3, 2014

OSCAR STANLEY, Petitioner,
v.
RAY HOBBS, Director of the Arkansas Department of Correction, Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

H. DAVID YOUNG, Magistrate Judge.

The following recommended disposition has been sent to United States District Court Judge James M. Moody, 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 Court 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 District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the 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:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR XXXXX-XXXX

DISPOSITION

Oscar Stanley seeks a writ of habeas corpus pursuant to 28 U.S.C. ยง2254. Mr. Stanley is currently in the custody of the Arkansas Department of Correction (ADC). Mr. Stanley entered a guilty plea on July 17, 2012[1], in Sebastian County Circuit Court to the charges of robbery and overdraft, and was sentenced as an habitual offender to 300 months' imprisonment. Having entered guilty pleas, no direct appeal of the convictions was available. On May 28, 2013, Mr. Stanley filed a petition to correct an illegal sentence with the trial court. This petitioner was denied as untimely. He appealed and the Arkansas Supreme Court affirmed the dismissal. See Docket Entry no. 5-3. In January of this year, Mr. Stanley filed a petition for state habeas corpus relief in Lee County Circuit Court. This petition was denied in February of this year.

On May 8, 2014, Mr. Stanley mailed his petition for federal habeas corpus relief advancing the following claims for relief:

1. His sentence is illegal because the state is not following the plea agreement;
2. He was denied the effective assistance of counsel when his attorney coerced ...

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