United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, UNITED STATES MAGISTRATE JUDGE
following recommended disposition has been sent to United
States District Judge Susan Webber Wright. 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
the record made before the Magistrate Judge is inadequate.
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
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
Charles Ray Sims, an inmate at the Ouachita River Unit of the
Arkansas Department of Correction (“ADC”), brings
this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254. (Doc. No. 1.) He claims his guilty plea to
charges of first-degree battery and kidnapping was
involuntary because he was unaware it would affect his parole
eligibility. (Id. at 1-2.) According to Mr.
Sims's Petition, state court records,  and the Arkansas
Department of Correction website,  Mr. Sims pleaded guilty and
was sentenced in June 2010. He filed his habeas petition over
nine years later, on August 15, 2019. (Doc. No. 3.) I have
conducted a preliminary review of Mr. Sims's habeas
petition pursuant to Rule 4 of the Rules Governing Section
2254 Cases in the United States District Courts. Based on
that review, I recommend the Petition for Writ of Habeas
Corpus be dismissed.
Sims's Petition is untimely based upon the one-year
period of limitation imposed by the Antiterrorism and
Effective Death Penalty Act (“AEDPA”). Title 28
U.S.C. § 2244(d)(1) and (2) set forth a ...