United States District Court, E.D. Arkansas, Pine Bluff Division
Procedure for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Judge James M. Moody Jr. Any party to this suit
may file written objections with the Clerk of Court within
fourteen (14) days of filing of the Recommendation.
Objections must be specific and must include the factual or
legal basis for the objection. An objection to a factual
finding must identify the finding of fact believed to be
wrong and describe the evidence that supports that belief.
objecting, any right to appeal questions of fact may be
jeopardized. And, if no objections are filed, Judge Moody can
adopt this Recommendation without independently reviewing the
Scotty Wayne Riddle, an inmate in the Arkansas Department of
Correction (“ADC”), filed this case on February
8, 2018, under 28 U.S.C. § 2254. (Docket entry #1) On
January 23, 2013, Mr. Riddle pleaded guilty to rape in
Sebastian County Circuit Court and was sentenced to
twenty-five years in prison plus suspended imposition of a
fifteen years sentence. Riddle v. State, 2015 Ark. 72,
1. Mr. Riddle filed a timely, post-conviction petition
asserting ineffective assistance of counsel. The circuit
court held a hearing on the petition and denied it in a
written order. Id. at 2. Mr. Riddle filed a timely
appeal. The Arkansas Supreme Court affirmed the circuit
court's denial of the petition. Id. at 7.
Riddle filed a federal habeas petition on June 12, 2017.
Riddle v. Kelley, No. 5:17cv161-BD, docket entry #1,
(June 12, 2017). In that petition, Mr. Riddle argued that his
counsel was ineffective at the plea hearing, that his guilty
plea was unlawfully induced, and cumulative error.
Id. The Court dismissed the petition without
prejudice because it found the petition was barred by the
statute of limitations and denied a certificate of
appealability. Id. at #14 (Nov. 6, 2017); See 28
Riddle filed a motion for reconsideration of the Court's
order denying a certificate of appealability, alleging
ineffective assistance of counsel. Id. at docket
entry #16 (Dec. 6, 2017). The Court denied the motion.
(Id. at Dec. 7, 2017) Mr. Riddle did not appeal.
petition, Mr. Riddle challenges the same judgment and
commitment order. He claims ineffective assistance of counsel
during the plea process, that his guilty plea was unlawfully
induced, and that counsel violated his right to due process
during the plea process. (#1)
Court lacks jurisdiction to hear Mr. Riddle's petition.
As noted, Mr. Riddle has already challenged his conviction
through an earlier federal habeas petition. Before he is
eligible to file another federal habeas corpus petition, he
must seek and receive an order from the Court of Appeals for
the Eighth Circuit authorizing this Court to consider the
petition. 28 U.S.C. § 2244(b)(3)(A). Authorization is
required even if the petitioner claims actual innocence in
the second petition. 28 U.S.C. § 2244(b)(2)(B)(I)-(ii).
Without an order from the court of appeals authorizing a
second petition, the district court cannot hear the petition.
Burton v. Stewart, 549 U.S. 147, 152-53, 157
dismissal of a habeas corpus petition - prior to any answer
or other pleading being filed by the respondent - is
appropriate where the petition itself and court records show
that the petition is a second or successive petition filed
without authorization from the court of appeals. See Rule 4,
Rules Governing Habeas Corpus Cases; Blackmon v.
Armontrout, 61 Fed.Appx. 985, 985 (8th Cir. 2003). The
pending petition is clearly successive.
Court recommends that Judge Moody DENY and DISMISS Scotty
Wayne Riddle's petition for writ of habeas corpus (#1),
without prejudice. Furthermore, Judge ...