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Jones v. Kelly

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

February 1, 2016

DAVID LEE JONES ADC #94099, PETITIONER
v.
WENDY KELLEY, Director, Arkansas Department of Correction, RESPONDENT

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

The following recommended disposition has been sent to United States District Court Judge James M. Moody, Jr. 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 recommendations 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:
Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

DISPOSITION

Petitioner David Jones, an inmate of the Arkansas Department of Correction (“ADC”), filed this timely petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, after pleading nolo contendere to rape. (Doc. No. 2.) For the following reasons, Mr. Jones’s petition should be denied as untimely.

I. PROCEDURAL HISTORY

On August 21, 2009, Mr. Jones pleaded nolo contendere to rape in the Pulaski County, Arkansas, Circuit Court. (Doc. No. 15-2 at 9.) He agreed to serve thirty years in the ADC. (Doc. No. 15-7 at 1.) On September 1, 2009, the circuit clerk filed the judgment and commitment order. (Id.).

On April 9, 2014, Mr. Jones filed a petition for a writ of error coram nobis. (Doc. No. 15-8.) In it, he argues that his counsel coerced him to plead to this crime. (Id. at 5.) On April 7, 2015, the Pulaski County Circuit Court denied Mr. Jones’s petition, finding no evidence that Mr. Jones’s counsel coerced him into pleading. (Doc. No. 15-9 at 2.)

On February 3, 2015, Mr. Jones filed the instant petition for a writ of habeas corpus. (Doc. No. 2.) On June 1, 2015, the Director of the ADC (the “Director”) filed a response, asking the Court to deny Mr. Jones’s petition. (Doc. No. ...


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