United States District Court, E.D. Arkansas, Pine Bluff Division
STEVEN J. SMITH ADC # 656564 PETITIONER
DEXTER PAYNE, Director Arkansas Department of Correction RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
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 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.
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
1. Why the record made before the Magistrate Judge is
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.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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 explained below, it is recommended that
Petitioner's Petition for Writ of Habeas Corpus (DE # 2)
be DISMISSED with prejudice.
Steven Smith, an inmate in the Arkansas Department of
Correction (“ADC”), bring this petition for writ
of habeas corpus under 28 U.S.C. § 2254. Petitioner is
serving sentences for multiple convictions and parole
revocations. (DE # 8-2, 8-3, and 8-4) Rather than challenging
his convictions or sentences, however, the Petitioner's
challenge relates to a disciplinary he received while
incarcerated on December 12, 2018. (DE # 2) On December 12,
2018, Corporal Felecia Edwards was scanning the incoming mail
when she noticed a box addressed to Petitioner from a law
office. The package appeared to have “suspicious
contents” inside, so Corporal Edwards notified
Lieutenant Davis. (DE # 8-5) The Major Disciplinary Report
stated as follows:
On December 12, 2018, at approx. 11:50am, I Lt. B. Davis
received a box labeled legal mail addressed to Inmate Steven
Smith #656564. I Lt. B. Davis called inmate Smith to the
Captains [sic] office and asked him if he was expecting legal
mail from The Law Office of Jerry Jenkins PA and he responded
yes. I opened the box and asked him if the legal papers were
his and he said yes[.] [A]t this time I Lt. B. Davis notice
that the box contain [sic] a false bottom. I Lt. B. Davis
lifted the bottom and noticed a vacuumed sealed package that
contained 295 grams of tobacco (that tested positive for
meth), 50 grams of green leafy substance that (tested
positive for K2) and 5 grams of a green leafy substance that
(tested positive for marijuana and K2). At that time Inmate
Smith stated I don't know anything about any drugs.
Inmate Smith ...