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Waller v. Payne

United States District Court, E.D. Arkansas, Central Division

December 3, 2019

KENNETH L WALLER, ADC #103829 Petitioner,
v.
DEXTER PAYNE, Director, Arkansas Division of Correction, Respondent,

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The 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.

         If you 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:

         1. Why the record made before the Magistrate Judge is inadequate.

         2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

         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.

         From 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

         I. DISPOSITION

         On 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 ...


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