United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
following recommended disposition has been sent to United
States District Court Judge Kristine G. Baker. 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 District Judge, you must, at the
same time that you file your written objections, include the
1. Why the record made before the Magistrate Judge is
2. Why the evidence proffered at the hearing before the
District Judge (if such a hearing is granted) was not offered
at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at
the hearing before the District Judge 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 hearing before the District Judge.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
reasons explained below, it is recommended that the Petition
for Writ of Habeas Corpus (DE #1) be DISMISSED with
February 9, 2017, the Petitioner pled guilty to first-degree
murder in the Circuit Court of Columbia County, Arkansas.
State of Arkansas v. Kendrick C. Story, 14CR-17-16.
At his sentencing hearing, Petitioner acknowledged all of the
rights he was waiving by pleading guilty (i.e. right to a
jury trial, to a direct appeal, and his right against
self-incrimination). Petitioner agreed to such waiver, and
admitted he was entering into his plea voluntarily after
consulting with his attorney, that he had not been threatened
to plead guilty, and that he was not under the influence of
drugs or alcohol. (DE # 12-8, pp. 5-8) Petitioner was
sentenced to 40 years' imprisonment with a suspended
imposition of sentence for life. Id. Petitioner was
not entitled to a direct appeal and furthermore did not file
a petition for post-conviction relief pursuant to Ark. R.
Crim. P. 37.1.
March 15, 2017, Petitioner filed a writ of habeas corpus in
the Circuit Court of Lee County, Arkansas, where he is
currently imprisoned, which was subsequently denied on March
20, 2017. See Docket Report for Story v. State of
Arkansas, 39CV-17-37. Petitioner appealed the circuit
court's decision to deny habeas corpus relief to the
Arkansas Supreme Court. On appeal, Petitioner argued that his
writ should have been granted because: (1) the judgment in
his criminal case was illegal; (2) the trial court lacked
jurisdiction in the case because the judgment did not conform
to his signed plea bargain; (3) he was sentenced for
aggravated robbery and first-degree murder, but the
sentencing order only reflected the first-degree murder
conviction; (4) the authorities illegally seized his
property; (5) his ...