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Flores v. Kelley

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

July 7, 2015

JORGE FLORES ADC #152918, 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 Kristine G. Baker. 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 Jorge Flores, an inmate at the Arkansas Department of Correction, filed this petition for a writ of habeas corpus (Doc. No. 2), pursuant to 28 U.S.C. ยง 2254. For the following reasons, the Court recommends the district court deny Mr. Flores's petition.

I. PROCEDURAL HISTORY

On August 1, 2012, Mr. Flores pleaded guilty to first degree murder in the Sebastian County Circuit Court. (Doc. No. 10-1 at 8.) Mr. Flores agreed to serve thirty years in the Arkansas Department of Correction. (Id. at 6.) The court filed its judgment on August 6, 2012, and Mr. Flores did not appeal that judgment. (Doc. No. 10-3 at 1.) Mr. Flores did not file any further motions in state court. ( See Doc. No. 2.)

II. ANALYSIS

In his petition, Mr. Flores argues that he is entitled to relief on four grounds: (1) ineffective assistance of trial counsel, (2) lack of due process because trial counsel coerced him to plead guilty, (3) actual innocence, and (4) ...


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