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Purifoy v. Hobbs

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

September 12, 2014

IVORY PURIFOY, Petitioner,
v.
RAY HOBBS, Director of the Arkansas Department of Correction, Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS

H. DAVID YOUNG, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District Court Judge Brian S. Miller. 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:

DISPOSITION

Ivory Purifoy seeks a writ of habeas corpus pursuant to 28 U.S.C. ยง2254. Mr. Purifoy is currently in the custody of the Arkansas Department of Correction (ADC). In 1996, Mr. Purifoy entered guilty pleas in Pulaski County Circuit Court to the charges of first-degree murder, residential burglary, and two counts of aggravated robbery. He was sentenced to 720 months' imprisonment. Having entered guilty pleas, a direct appeal was unavailable. He did not file a petition for postconviction relief pursuant to Rule 37. In May of 2012, Mr. Purifoy filed a petition to correct an illegal sentence, claiming he was unaware of the amount of time he would be required to serve, that a factual basis for his guilty pleas was not established, and that he received ineffective assistance of counsel. On August 10, 2012, the trial court denied the petition as untimely. An appeal was dismissed by the Arkansas Supreme Court on January 31, 2013. Purifoy v. State, 2013 Ark. 26. On July 14, 2014, Mr. Purifoy filed his petition for federal habeas corpus relief advancing the following claims for relief:

1. He was denied his right to a jury trial;
2. His sentence was illegally imposed;
3. There was an abuse of discretion when the terms of his plea agreement ...

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