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 Chief
United States District Judge Brian S. Miller. 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
(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 Chief District Judge, you must,
at the same time that you file your written objections,
include the following:
the record made before the Magistrate Judge is inadequate.
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
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 Chief 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
August 12, 2014, Petitioner, Wesley Joseph Vieira, pleaded
guilty to one count of first degree sexual abuse and two
counts of second degree sexual assault before the Benton
County Circuit Court. (Doc. No. 2 at 1.) He was sentenced to
twenty years in the Arkansas Department of Correction.
(Id.) Since then, Mr. Vieira has failed to file for
any form of relief until filing the present Petition on
November 29, 2017. Now, Mr. Vieira alleges that his
conviction was invalid because his guilty plea was “not
knowingly and intelligently made.” (Doc. No. 2 at 6.)
For the following reasons, I recommend the Petition be
dismissed without prejudice.
Vieira's Petition (Doc. No. 2) is untimely based upon the
one-year period of limitation imposed by the Antiterrorism
and Effective Death Penalty Act (AEDPA). Title 28 U.S.C.
§ 2241 (d)(1) and (2) impose a one-year period of
limitation on petitions for writ of habeas corpus:
(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The