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Peden v. Poinsett County Jail

United States District Court, E.D. Arkansas, Jonesboro Division

January 9, 2017

CAREY WAYNE PEDEN PETITIONER
v.
POINSETT COUNTY JAIL RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Court Judge D. P. Marshall 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 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 United States District Judge, you must, at the same time that you file your written objections, include a “Statement of Necessity” that sets forth the following:

         1. Why the record made before the Magistrate Judge is inadequate.

         2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.

         3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.

         From this submission, the United States 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 A 149 Little Rock, AR 72201-3325

         Introduction

         Before the Court is the Petition for Writ of Habeas Corpus filed by Carey Wayne Peden on November 25, 2016, attacking his pretrial detention in the Poinsett County Jail.[1](DE #1).

         Petitioner states that he is detained in the Poinsett County Jail in violation of the Sixth Amendment. According to Petitioner, he was incarcerated on December 23, 2014, “habeas corpused released 2-28-15, ” and incarcerated again on August 1, 2016 with “no case # - no lawyer[.]” (DE #1, at 6-7).

         For the reasons discussed below, the Court recommends that the Petition be dismissed without prejudice.[2]See Rule 4 of the Rules Governing Habeas Cases (requiring dismissal of a habeas petition on a preliminary review if “it plainly appears from ...


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