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 James M. Moody, Jr. 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 that follow, it is recommended that the Petition for
Writ of Habeas Corpus (DE #2) be DISMISSED with prejudice.
February 29, 2008, a Pulaski County Circuit Court, accepted
Petitioner, Justin Ramon Phillips's guilty plea in No.
2006-3473, on the charges of kidnapping and rape. The court
sentenced Petitioner to 396 months in the Arkansas Department
of Correction. The court also revoked Petitioner's
probation in No. 2002-2124, and Petitioner received 120
months incarceration to run consecutive to the 396 month
sentence. (DE ## 8-2 and 8-3) Pursuant to Rule 1(a) of the
Arkansas Rules of Appellate Procedure-Criminal, Petitioner
was not entitled to challenge the validity of his guilty plea
in a direct appeal. Petitioner admits he did not seek
post-conviction relief, pursuant to Rule 37.1 of the Arkansas
Rules of Criminal Procedure, due to “mental
ilness.” (DE #1, at p.2) Arkansas law requires a Rule
37 petition be filed within ninety (90) days of the entry of
judgment. There are no non-futile state remedies available to
March 23, 2016, Petitioner's counsel filed a Petition for
Writ of Habeas Corpus (DE #1), pursuant ...