United States District Court, E.D. Arkansas
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.
entered into a negotiated plea of guilty to aggravated
robbery on September 6, 2018, in Pulaski County Circuit
Court. (DE # 11-3) He was sentenced to 10 years in the
Arkansas Department of Correction. Id. Petitioner
did not appeal and did not seek any form of post-conviction
relief in state court.
9, 2019, Petitioner filed his pro se habeas petition pursuant
to 28 U.S.C. § 2254. (DE # 2) Petitioner asserts the
following claims: (1) actual innocence; (2) unlawful seizure
of evidence; (3) prosecutor failed to disclose favorable
evidence; (4) double-jeopardy violation; (5) ineffective
assistance of trial counsel; (6) prosecutorial misconduct;
and (7) judicial misconduct. Id. Respondent filed
his Response on June 28, 2019, admitting that Petitioner is
in his custody and has no unexhausted, non-futile state
remedies available to him. (DE # 11) Respondent, however,
denies that Petitioner is entitled to an evidentiary hearing
or any federal habeas corpus relief because he waived the
constitutional claims he asserts in his petition with his
guilty plea, and alternatively, because his claims are
procedurally defaulted. Id. Petitioner filed his
Reply on July 12, 2019, arguing that he had ...