United States District Court, E.D. Arkansas, Pine Bluff Division
OTIS D. GIPSON ADC #080856 PETITIONER
WENDY KELLEY, Director Arkansas Department of Correction RESPONDENT
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
following recommended disposition has been sent to United
States District Court Judge Billy Roy Wilson. 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
reasons outlined below, it is recommended Petitioner's
Motion to Stay (DE #2) be denied and his Petition for Writ of
Habeas Corpus (DE#1) dismissed without prejudice.
is currently serving a thirty-five (35) year prison sentence
for rape. A Pulaski County Circuit Court jury found him
guilty of raping his girlfriend's two minor daughters and
sentenced him as a habitual offender. His sentence was
affirmed on appeal after he challenged two evidentiary
rulings. Gipson v. State, 2013 Ark.App. 651. Gipson
later filed an untimely Rule 37 petition that the trial court
denied by order dated June 22, 2016. On January 22, 2018,
Petitioner filed a state habeas corpus petition in Lee County
Circuit Court. The matter was transferred to the Pulaski
County Circuit Court on February 6, 2018. Respondent filed a
Response to the Petition on August 1, 2018. See Gipson v.
Kelley, No. 60CV-18-3795, Pulaski County Circuit Court,
Sixth Judicial District, Seventh Division.
filed the current writ of habeas corpus in this Court on
April 11, 2018, alleging ineffective assistance of counsel.
On May 9, 2018, he asked to stay the ...