United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDED
following recommended disposition has been sent to United
States District Court 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 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 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
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.
this submission, the United States District Judge will
determine the necessity for an additional evidentiary
hearing, either before the Magistrate Judge or before the
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
THE COURT is the Petition for Writ of Habeas Corpus filed by
Willie Leon Green. (Doc. No. 1) After reviewing the
parties' briefing and the available evidence, the
undersigned recommends that the petition be denied and
dismissed with prejudice.
is serving consecutive sentences of life and thirty years
after a Pulaski County Circuit Court jury found him guilty of
the first-degree murder and attempted first-degree murder of
two police officers in 1996. In this petition, he does not
challenge his underlying conviction but instead challenges a
prison disciplinary sanction for battery against another
inmate in October of 2015.
to the prison staff, Inmate Jeffery Tonkovich entered
Petitioner's barracks and struck him in the face and
upper body areas with closed fists. (Doc. No. 14,
Disciplinary Violation, Petitioner's Exhibit B.) Inmate
Tonkovich refused to provide a written statement, but
Petitioner provided a statement in which he advised that he
did not know why the fight started. Id. The inmates
were photographed and evaluated before being placed in
segregation. For Petitioner's part, he was charged with
rule violation 04-08, battery - use of force on an inmate.
From the outset, Petitioner pleaded self ...