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 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 that follow, it is recommended that the Petition for
Writ of Habeas Corpus (DE #1) be DISMISSED with prejudice.
December 14, 2014, a Mississippi County Circuit Court jury
found Petitioner, Tevarius Green, guilty of capital murder in
the shooting death of Daniel Goodwin. Petitioner received
life without the possibility of parole in the Arkansas
Department of Correction (“ADC”). On appeal, to
the Arkansas Supreme Court, Petitioner argued the circuit
court abused its discretion by admitting into evidence a
photograph of the victim at the crime scene. On October 8,
2015, the Arkansas Supreme Court affirmed the conviction.
Green v. Arkansas, 2015 Ark. 359, 471 S.W.3d 200.
filed a Rule 37 petition on December 28, 2015, and amended
petition thereafter. Following a hearing, the circuit court
issued a ruling dismissing the petition on November 9, 2016.
(DE #13-5) He sought to appeal the court's ruling, and
filed a Notice of Appeal on December 5, 2016. He also filed
an Affidavit in Support of Request to Proceed In Forma
Pauperis. (DE #13-6) The Court determined Petitioner was not
indigent and assessed an initial partial filing fee of twenty
($20) dollars. (DE #13-6) Petitioner subsequently abandoned
appeal from the denial of his Rule 37 petition. Petitioner
filed the instant federal habeas petition on February 14,
2018. In it, he states he abandoned his appeal because he
could not afford to pay the filing fee. (DE #1) His points
for reversal include: (1) ineffective assistance of trial
counsel for failing to raise jurisdictional issues pursuant
to the Interstate Agreement on Detainers; (2) ineffective
assistance of trial counsel due to a conflict of ...