United States District Court, E.D. Arkansas, Jonesboro Division
PROPOSED FINDINGS AND RECOMMENDED
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.
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:
the record made before the Magistrate Judge is inadequate.
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.
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.
this submission, the United States District Judge will
determine the necessity for an additional evidentiary
hearing, either before the Magistrate Judge or before the
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
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.(DE #1).
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
reasons discussed below, the Court recommends that the
Petition be dismissed without prejudice.See Rule
4 of the Rules Governing Habeas Cases (requiring dismissal of
a habeas petition on a preliminary review if “it
plainly appears from ...