United States District Court, E.D. Arkansas, Pine Bluff Division
Kennedy, ADC #093061, Plaintiff, Pro Se.
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, Magistrate Judge.
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 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.
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
the record made before the Magistrate Judge is inadequate.
the evidence to be proffered at the new hearing (if such a
hearing is granted) was not offered at the hearing before 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.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
Jeremy Kennedy, is serving a twenty-year term of imprisonment
in the Arkansas Department of Correction for residential
burglary and theft of property that occurred in February
2013. He is also serving a thirteen-year
concurrent sentence for residential burglary and theft of
property that occurred in January 2013.
the past year, Mr. Kennedy has filed five petitions for writ
of habeas corpus. He appealed Kennedy v.
Kelley, 5:15CV00184-JJV, to the Eighth Circuit Court of
Appeals. The Eighth Circuit denied a
certificate of appealability. USCA Judgment, Kennedy v.
Kelley, No. 5:15CV00184-JJV, ECF No. 32. Although there
are subtle changes to each of the petitions, Mr. Kennedy
always argues the same issue of law. He believes the Arkansas
Parole Regulations and Statutes create a liberty interest in
parole for certain Arkansas inmates. The current Petition is
Kennedy makes the same challenge in the instant Petition as
he did in his previously dismissed Petitions. In this
Petition, he states that he went before the parole board on
May 17, 2016, and he was denied release for one year. (Doc.
No. 2.) He again argues that some Arkansas inmates are
subject to mandatory parole creating a liberty interest in
parole for those inmates. However, as I previously held, his
challenge is without merit because he does not have a liberty
interest in parole. In all his cases, the law remains the
same. There ...