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Briley v. Hobbs

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

September 24, 2014

JOHN BRILEY, 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 J. Leon Holmes. 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

John Briley seeks federal habeas corpus relief pursuant to 28 U.S.C. ยง2254. In his petition and amended petition Mr. Briley complains about detainers and holds placed upon him by the states of Mississippi, Texas, Louisiana, and Missouri. Of primary concern to Mr. Briley is the possibility that Missouri may take undesired action against him. He concedes that he is presently in custody in Arkansas, and requests that he be transferred to a "certified ADC prison."[1] In response to the pleading filed by the respondent, Mr. Briley states that Missouri has not placed a detainer against Briley, but he seems to contend that Missouri has a warrant for his arrest, and he appears to want this Court to rule on whether Missouri can arrest him after he serves his sentence in the ADC[2]. Docket entry no. 24, page 1.

The grounds for relief alleged by the petitioner are:

1. The conditions in the England City Jail are unconstitutional; and
2. He has been denied due process, equal protection, a speedy trial, and subjected to double jeopardy because Missouri has not allowed him to participate ...

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