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Green v. Kelley

United States District Court, E.D. Arkansas, Pine Bluff Division

June 14, 2018

WILLIE LEON GREEN ADC #108796 PETITIONER
v.
WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

         INSTRUCTIONS

         The 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.

         If you 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 inadequate.
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.

         From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

         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 72201-3325

         Disposition

         BEFORE 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.

         Background

         Petitioner 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.

         According 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 ...


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