United States District Court, E.D. Arkansas, Pine Bluff Division
ARDWIN F. SYLVESTER ADC #610150 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 Judge J. Leon Holmes. 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 A 149
Little Rock, AR 72201-3325
INTRODUCTION
Pending
before the Court is a petition for writ of habeas corpus
filed pursuant to 28 U.S.C. § 2254 by Petitioner, Ardwin
F. Sylvester, an inmate in the Arkansas Department of
Correction (“ADC”). For the reasons explained
below, it is recommended the petition (DE #2) be dismissed
with prejudice.
PROCEDURAL
...