United States District Court, E.D. Arkansas, Central Division
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
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 a 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 new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
the record made before the Magistrate Judge is inadequate.
the evidence to be proffered at the new hearing (if such a
hearing is granted) was not offered at the hearing before 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 72201-3325
August 12, 2010, Kenneth Waller, Petitioner, pleaded guilty
to felony theft of property and was sentenced to ten
years' suspended imposition of sentence. (Doc. No. 8-2 at
1.) On May 15, 2018, Waller pleaded guilty to violating the
terms and conditions of his suspended imposition of sentence
and was sentenced to three years ...