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Stickley v. Kelley

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

April 24, 2015

JAMES MICHAEL STICKLEY ADC #86725, Petitioner,
v.
WENDY KELLEY, Director Arkansas Department of Correction[1], Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JEROME T. KEARNEY, Magistrate Judge.

The following recommended disposition has been sent to United States District Court Judge Susan Webber Wright. 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

Petitioner James Stickley, an inmate at the Arkansas Department of Correction ("ADOC"), filed this timely petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254, after the Arkansas Parole Board ("APB") revoked Mr. Stickley's parole. (Doc. No. 1.) For the following reasons, the Court recommends the District Court deny Mr. Stickley's petition.

I. PROCEDURAL HISTORY

On July 2, 2010, Mr. Stickley entered a no contest plea in the Pulaski County Circuit Court to the offenses of commercial burglary, first degree criminal mischief, and theft of property. (Doc. No. 4-1.) The court ordered Mr. Stickley to serve fifteen years in the ADOC. ( Id. at 4.) On September 3, 2013, the ADOC released Mr. Stickley on parole. (Doc. No. 2 at 12.)

On May 2, 2014, Deputy Scott Terrell arrested Mr. Stickley on the accusation that he assaulted Ms. Lashell Hughes. (Doc. No. 4-2 at 1.) On May 19, 2014, a hearing examiner held a parole revocation hearing for Mr. Stickley. ( Id. ). At the hearing, Deputy Terrell testified that Ms. Hughes gave a written statement, which states that "Stickley threw her down on the ground and held her against her will." ( Id. ). Ms. Hughes stated to Deputy Terrell that "Stickley hit her in the head during the altercation." ( Id. ). Deputy Terrell stated that he "observed scratches, bruises and other visible injuries to Ms. Hughes." ( Id. ). Deputy Terrell also testified that Ms. Hughes told him that Mr. Stickley "held a knife on her." ( Id. ). Ms. Hughes also testified at the revocation hearing, and she corroborated Deputy Terrell's testimony. ( Id. at 2.)

Mr. Stickley testified on his own behalf that Ms. Hughes was lying. ( Id. ). Mr. Stickley testified that he wanted to go back and live with his sister in Louisiana. ( Id. ). He testified that "he never put his hands on Ms. Hughes." ( Id. ). He testified that "he caught Ms. Hughes in ...


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