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Wells v. Burl

United States District Court, E.D. Arkansas, Eastern Division

November 10, 2014

WILLIE WELLS, Petitioner,
v.
DANNY BURL, Warden; and JENNIFER MILLER, Parole Officer, Respondents.

PROPOSED FINDINGS AND RECOMMENDATIONS

JOE J. VOLPE, Magistrate Judge.

INSTRUCTIONS

The following recommended disposition has been sent to United States District 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 a 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 new hearing for this purpose before either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.

2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The details of any testimony desired to be introduced at the new hearing 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 new hearing.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and "Statement of Necessity" to:

DISPOSITION

I. BACKGROUND

Willie Wells filed the instant Writ of Habeas Corpus Petition pursuant to 28 U.S.C. ยง 2254 (Doc. No. 1) on April 28, 2014. At the time, he was a prisoner in the custody of the Arkansas Department of Correction (ADC) East Arkansas Regional Unit. ( Id. ) He was convicted on February 9, 2006, of one count of class-Y felony possession of a controlled substance with the intent to deliver and sentenced to ten years in the ADC with 154 days credit for jail time served.[1] (Doc. No. 7-1.)

On July 23, 2013, Mr. Wells was paroled subject to specific conditions and placed under the supervision of the Arkansas Department of Community Correction. (Doc. No. 1 at 7.) On January 9, 2014, Mr. Wells tested positive for cocaine and his supervising officer gave him a verbal warning and scheduled him for an assessment on January 21, 2014. ( Id. and Doc. No. 7-2.) Mr. Wells failed to report for that assessment and an another assessment was scheduled for January 28, 2014, at which time the positive drug test and missed assessment would be addressed. ( Id. ) However, on January 27, 2014, Mr. Wells was arrested in West Memphis for theft of property from a Flying J travel center. ( Id. ) The Arkansas Parole Board issued a warrant on February 5, 2014, and it was served on February 6, 2014. (Doc. No. 1 at 9.)

In Mr. Wells's instant federal habeas corpus Petition (Doc. No. 1), he prays the Court release him from the custody of the Arkansas Department of Correction based on "the agreement made between him and his Parole Officer Jennifer Miller... or in the alternative-show cause why petitioner shouldn't be relief [sic] on agreed date." (Doc. No. 1 at 4-5.) Mr. Wells filed a notice of change of address with the Court on September 10, 2014 (Doc. No. 17) and according to the Arkansas Department of Correction records office, he was paroled on September 18, 2014. Therefore, this ...


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