United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District 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 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 a 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 new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
1. Why the record made before the Magistrate Judge is
2. Why the evidence to be proffered at the new 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.
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
October 31, 2005, Petitioner pled guilty to two counts of
Distribution of Crack Cocaine, in violation of 21 U.S.C.
841(a) and (b)(1)(A), in the Northern District of
Mississippi. United States v. Pilcher, No.
4:05-cr-00034-SA-JMV-1 (N.D. Miss), Doc. No. 31. The Court
imposed judgment on March 8, 2006, sentencing him to 300
months of incarceration to be followed by five years of
supervised release. United States v. Pilcher, No.
4:05-cr-00034-SA-JMV-1 (N.D. Miss), Doc. No. 38 at 1. Mr.
Pilcher did not pursue an appeal of the conviction.
Pilcher v. United States, 2011 WL 6826505, at *1
(N.D. Miss. Dec. 28, 2011). However, in October 2011, over
five years after his conviction, Mr. Pilcher filed a Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2255
in the Northern District of Mississippi challenging his
sentence. Id. The Court denied his Petition as
untimely on December 28, 2011. Id. at 2.
November 17, 2011, while his first Petition was still
pending, Mr. Pilcher filed another Petition for a Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 in the
Eastern District of California, where he was incarcerated at
the time. Pilcher v. Pepper, No. 2:11-cv-03044-CKD
(E.D. Cal.), Doc. No. 1. This Petition was transferred back
to the Northern District of Mississippi, where it was denied
as successive. Pilcher v. Pepper, No.
4:11-cv-00136-SA-SAA (N.D. Miss), Doc. No. 18.
Mr. Pilcher, an inmate at the Forrest City Low Federal
Correctional Institute, seeks relief from this Court through
the filing of another 28 U.S.C. § 2241 Petition for Writ
of Habeas Corpus. (Doc. No. 2.) After careful consideration
of the Petition, for the following ...