United States District Court, E.D. Arkansas, Northern Division
LISA R. MURPHY ADC #760343 PETITIONER
TONI BRADLY; et al. RESPONDENTS
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District 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.
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 (if such a
hearing is granted) was not offered at the hearing before the
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
Lisa R. Murphy, an inmate at the McPherson 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. 2.) She claims she has been
found guilty of multiple disciplinaries throughout the years
of her incarceration and all have been affirmed on appeal, in
violation of her due process rights and ADC policy.
(Id. at 4-7.) For relief, she asks that each of her
disciplinaries be “scrutinized” and possibly
reversed; she also requests immediate release, claiming she
would have been released three years ago if not for the
violations of ADC policy. (Id. at 7, 10.)
conducted a preliminary review of Ms. Murphy'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 without prejudice.
filing a federal habeas petition, a state inmate must first
“fairly present” the substance of his or her
federal habeas claims to the appropriate state courts.
Murphy v. King, 652 F.3d 845, 848-49 (8th Cir. 2011)
(citing Baldwin v. Reese, 541 U.S. 27, 29 (2004); 28
U.S.C. § 2254(b)(1) (“An application for a writ of
habeas corpus . . . shall not be granted unless it appears
that the applicant has exhausted the remedies available in
the courts of the State”)). The fair-presentment
requirement exists so that the respective state has the
“‘opportunity to pass upon and correct'
alleged violations of its prisoners' federal
rights.” Murphy, 652 F.3d at 849 (quoting
Duncan v. Henry, 513 U.S. 364, 365 (1995)); see
also Picard v. Connor,404 U.S. 270, 275 (1971) (quoting
Darr v. Burford, 339 U.S. 200, 204 (1950))
(“We have consistently adhered to this federal policy,
for ‘it would be unseemly in our dual system of
government for a federal district court to upset a state
court conviction without an opportunity to the state courts
to correct a constitutional violation.'”);
Lenza v. Wyrick, 665 F.2d 804, 807-08 (8th Cir.
1981). When a state inmate fails to comply with the
fair-presentment requirement, his or her claim will be
procedurally defaulted. Murphy, 652 F.3d at 849. If
it would be futile for a petitioner to return to the state
courts to present his or her claim, ...