United States District Court, E.D. Arkansas, Pine Bluff Division
MICHAEL L. GEATCHES, ADC #161041 PETITIONER
WENDY KELLEY, Director, ADC RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District 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
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.
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
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.
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
11, 2015, Mr. Geatches pleaded guilty in Crawford County
Circuit Court to second degree sexual assault of a
seven-year-old girl. (Doc. No. 9-4.) The circuit court
sentenced him to twelve years' imprisonment with an
eight-year suspended imposition of sentence. (Id.)
Mr. Geatches did not appeal his conviction. See Ark.
R. App. P.-- Crim.1(a). He filed a Rule 37 petition (Doc. No.
9-5) six months too late, and it was dismissed as untimely.
(Doc. No. 9-6.) Mr. Geatches appealed to the Arkansas Supreme
Court, and that appeal is still pending. However, on July
27, 2016, Mr. Geatches filed a motion to dismiss the appeal
because he “failed to file a brief in support . . . in
time.” (Doc. No. 9-7.)
13, 2016, Mr. Geatches filed the current Petition for Writ of
Habeas Corpus alleging five grounds of ineffective assistance
of counsel and four grounds of prosecutorial misconduct.
(Doc. No. 2.) Respondent argues all claims are procedurally
barred (Doc. No. 9), and for the following reasons, I agree.
ANALYSIS / ...