United States District Court, E.D. Arkansas, Pine Bluff Division
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:
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. Mail your
objections and “Statement of Necessity” to:
United States District Court Eastern District of Arkansas 600
West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325
23, 2007, Petitioner, Brian Hicks, pleaded no contest to
three counts of rape. (Doc. No. 2 at 27-47.) The Miller
County Circuit Court sentenced him to twenty years'
imprisonment on each count to run concurrently. (Id.
at 46.) The underlying facts of the case were proffered by
the prosecution at the plea and sentencing hearing.
(Id. at 37-40.) On September 30, 2004, a man who
identified himself as Mr. Hicks, called 911 and stated he
needed to speak to police about two young girls he had
molested in 1999. (Id. at 37-39.) Mr. Hicks was
living with his cousin, his cousin's wife, and their
three children at the time. (Id. at 38-39.) Mr.
Hicks inserted his finger in the older victim's vagina
three times and in the younger victim's vagina
twice. (Id. at 39-40.)
Hicks did not appeal his conviction, but instead, in January
2011, he filed an unsuccessful motion for reconsideration.
Hicks v. Kelley, 5:16CV00207-JM-JJV, Doc. No. 17 at
3. Then in March 2011, Mr. Hicks filed a Rule 37.1 petition
(Id.), and in February 2015, Mr. Hicks
unsuccessfully attempted to appeal his
6, 2016, Mr. Hicks filed a petition for writ of habeas corpus
in this Court, arguing, inter alia, that he only
signed the plea agreement because he was threatened.
(Id.) However, Mr. Hicks filed his petition almost
seven years passed the limitations period, so this Court
dismissed his petition. Hicks v. Kelley,
5:16CV00207-JM-JJV. That case is presently ...