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Briggs v. Kelley

United States District Court, E.D. Arkansas, Western Division

November 15, 2018

DARRYL BRIGGS ADC #087649 PETITIONER
v.
WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District 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 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.

         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 District Judge, you must, at the same time that you file your written objections, include the following:

         1. Why the record made before the Magistrate Judge is inadequate.

         2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

         3. The 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.

         From 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 72201-3325

         DISPOSITION

         I. BACKGROUND

         Petitioner, Darryl Briggs, pleaded guilty to one count of kidnapping, one count of possession of firearms by certain persons, and one count of aggravated assault on a family or household member in the Pulaski County Circuit Court on July 11, 2017.[1] According to the Arkansas Department of Correction website, [2] Mr. Briggs was sentenced to 120 months.

         According to his own Petition, Mr. Briggs did not appeal his conviction. (Doc. No. 1 at 2.) He did file for post-conviction relief under Rule 37 on December 27, 2017; however, the Pulaski County Circuit Court found his petition untimely and denied it on February 2, 2018.[3]Significantly, Mr. Briggs sought no further post-conviction relief in state court. However, he now seeks federal habeas relief, alleging his confession was coerced, ineffective assistance of counsel, prosecutorial misconduct, and actual innocence.

         After careful review of Mr. Briggs's Petition, for the following reasons I find his claims are procedurally defaulted, and his case does not meet the criteria for any exception to excuse his ...


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