United States District Court, E.D. Arkansas, Eastern Division
MARK STINSON Reg. #29908-076 PETITIONER
v.
DEWAYNE HENDRIX, Warden, Forrest City Prison Camp RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District Court Judge Brian S. Miller. 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 before the
District Judge (if such a hearing is granted) was not offered
at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at
the hearing before the District Judge 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 hearing before the District Judge.
From
this submission, the 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 A149
Little Rock, AR 72201-3325
DISPOSITION
This
matter is before the undersigned United States Magistrate
Judge of the District Court on the petition of federal
prisoner Mark Stinson for a writ of habeas corpus pursuant to
28 U.S.C. § 2241. (Docket Entry #1, Petition) Petitioner
is a federal prisoner incarcerated in Forrest City, Arkansas.
He was convicted in the Western District of Tennessee on
December 8, 2017, of conspiracy to defraud the United States;
theft of government funds; aggravated identify theft (two
counts); failure to collect, truthfully account for and pay
payroll taxes (five counts); and filing false statements on a
tax document (five counts). (Docket Entry #9-1, Judgment).
United States v. Mark Stinson, No.
2:16-cr-20247-001-JTF. The Court sentenced Stinson to 75
months imprisonment. Id. Stinson's wife, Jayton
Stinson, was also indicted; she pleaded guilty to one count
and received twelve months ...