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Hughes v. Boyd

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

October 16, 2017

CORDELL HUGHES PETITIONER
v.
MARTY BOYD, Sheriff, Craighead County 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 are the Complaint and Amended Complaint filed by Cordell Hughes on July 28, 2017 and September 5, 2017, respectively, attacking his pretrial detention in the Craighead County Detention Center.[1] (DE ## 1, 5).

         Petitioner states that he was arrested in Jonesboro, Arkansas, on May 18, 2017, at Motel 6 by Jonesboro Police Department on “incidents that I was falsely accused for from May 15, 2017[.]” (DE #5, at p. 4). He states he has been incarcerated with no formal charges brought against him. He later states, however, that upon filing a grievance, he received from the circuit clerk papers that show charges had been filed and that he and his public defender supposedly signed. He states his public defender told him that no charges had been filed, and he claims he has yet to go ...


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