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Turner v. Norris

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

December 29, 2014

KENNETH LAMAR TURNER ADC #078741, Petitioner,
v.
LARRY NORRIS, Interim Director Arkansas Department of Correction[1], Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JOE J. VOLPE, Magistrate Judge.

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:

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

DISPOSITION

I. BACKGROUND

Before the Court is Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus. (Doc. No. 8.) Petitioner has responded with objection. (Doc. No. 9.)

On October 22, 1998, a Pulaski County jury convicted Kenneth Lamar Turner of aggravated robbery and theft of property. (Doc. No. 2.) He was sentenced to sixty-five (65) years imprisonment. ( Id. )

On April 13, 2005, Mr. Turner filed his first petition for a writ of habeas corpus in the United States District Court for the Eastern District of Arkansas ( Turner v. Norris, Case No. ...


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