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 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 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:
Pending before the Court is a § 2254 Petition for a Writ of Habeas Corpus filed by Petitioner, Robert Barnes. Doc. 1. Before addressing Petitioner's habeas claim, the Court will review the procedural history of the case in state court.
On December 18, 1985, a Pulaski County jury convicted Barnes of first-degree murder. Doc. 5-1. He received a life sentence. Id. Barnes appealed to the Arkansas Supreme Court, which affirmed on November 12, 1985. Barnes v. State, 287 Ark. 297, 698 S.W.2d 504 (1985).
On February 18, 1987, Barnes filed a pro se Rule 37 Petition in Pulaski County Circuit Court, which was denied on May 18, 1987. Doc. 5-3 at 2. Barnes appealed the denial of Rule 37 relief to the Arkansas Supreme Court, which affirmed on May 18, 1987. Barnes v. State, 1987 WL 10859 (Ark. May 18, 1987) (unpublished per curiam ).
On June 11, 1987, filed a pro se §2254 habeas action in the Eastern District of Arkansas, Barnes v. Lockhart, E.D. Ark. No. PB-C-87-328. Doc. 6-3. On May 8, 1989, United States District Judge G. Thomas Eisele entered an ...