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 Susan Webber Wright. 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
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 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
20, 2000, Petitioner, Norris Howard, was sentenced to 240
months in prison after pleading guilty to criminal attempt of
capital murder and two counts of carnal abuse in the third
degree by the Circuit Court of Jefferson County, Arkansas.
(Doc. No. 1-1.) According to the Petition, on or about July
11, 2016, Mr. Howard was transferred from an Arkansas
Department of Correction prison to the Bowie County
Correctional Center in Texarkana, Texas. (Doc. No. 1 at 2.)
Mr. Howard filed the instant Petition with the United States
District Court for the Eastern District of Texas on March 5,
2018. He alleges his incarceration in the Texas prison is
improper because he has not been convicted of a crime in the
State of Texas. The Eastern District of Texas thought it
would be more appropriate to have the Petition adjudicated
where Mr. Howard's conviction occurred, and transferred
it to the Eastern District of Arkansas for analysis. For the
following reasons, I recommend the Petition be dismissed
Howard's Petition is meritless based upon the United
States Supreme Court's decision in Olim v.
Wakinekona, 461 U.S. 238 (1983). The Court ruled that
“[j]ust as an inmate has no justifiable expectation
that he will be incarcerated in any particular prison within
a State, he has no justifiable expectation that he will be
incarcerated in any particular State.”
Wakinekona, 461 U.S. at 246.
Howard believes that prisoners can only be incarcerated in
the state in which they have been convicted of a crime,
indicating Texas is a “state where Petitioner was not
found guilty of any crime of which the petitioner is
presently illegally being restrained.” This is simply
not the case. He also cites to Article 17.151 of the Texas
Code of Criminal Procedure, explaining that this section
“provides for the release of a defendant who is being
held in jail pending trial if the state is not ready for
trial.” (Doc. No. 1 at 2.) However, Mr. Howard has
elaborated exactly why this particular provision of the Texas
code does not apply to his case - he is not being held in
jail pending a trial. His conviction occurred over twenty
years prior, a fact confirmed by the sentencing documents
included with his Petition. (Doc. No. 1-1.) The Petition is
devoid of any factual basis to corroborate a claim that Mr.
Howard is being ...