United States District Court, E.D. Arkansas, Central Division
Procedure for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Judge Billy Roy Wilson. Either party may file
written objections with the Clerk of Court if they disagree
with the findings or conclusions set out in the
Recommendation. To be considered, however, objections must be
filed within 14 days. Objections should be specific and
should include the factual or legal basis for the objection.
parties do not file objections, they may be deemed to have
waived the right to appeal questions of fact. And, if no
objections are filed, Judge Wilson can adopt this
Recommendation without independently reviewing the record.
State Procedural History
25, 2011, Petitioner Quinton Settles pleaded guilty in two
separate cases in Pulaski County Circuit Court: theft by
receiving and driving while intoxicated (60CR-11-1125); and
possession of morphine and drug paraphernalia (60CR-11-2023).
The trial court sentenced Mr. Settles to 60 months'
probation in each case, with the sentences to run
concurrently. Arkansas Judiciary Website,
http://caseinfo.arcourts.gov; State v.
Settles, 60CR-11-1125, Plea (July 25, 2011), Judgment
(August 4, 2011); State v. Settles, 60CR-11-2023,
Plea (July 25, 2011), Judgment (August 4, 2011).
two years later, Mr. Settles pleaded guilty in both cases to
violating conditions of his probation and was sentenced to 58
months' probation in each case-again, to run
concurrently. Id., Plea (Sept. 23, 2013), Sentencing
Order (Oct. 1, 2013).
still on probation in Pulaski County, Mr. Settles pleaded
guilty in Sebastian County Circuit Court to aggravated
assault and third-degree domestic battering. Id.
State v. Settles, 66CR-15-92, Judgment (Feb. 10,
2015). He received a five-year suspended sentence.
Id. But, the State filed a petition to revoke his
probation in both Pulaski County cases. Mr. Settles pleaded
guilty in March of 2015 to probation violations in the
Pulaski County cases and, as a result, was sentenced to 60
months' imprisonment in the Arkansas Department of
Correction (ADC) in each case, with the sentences to run
concurrently. Id., Plea (March 20, 2015), Sentencing
Order (April 8, 2015); (Docket entry #8-3).
Settles sought post-conviction relief in one of his 2011
Pulaski County cases (60CR-11-1125) by filing a pro
se Rule 37 petition on December 6, 2018. The petition
was denied as untimely. Id., Petition (Dec. 6,
2018), Order (Jan. 3, 2019). He then filed a state habeas
corpus petition; however, it was treated as a motion for
reconsideration and was also denied. Id., Petition
(Jan. 3, 2019), Order (Jan. 22, 2019). Undeterred, Mr.
Settles filed another Rule 37 petition and another state
habeas petition. Id., Rule 37 (March 19, 2019),
Habeas (Sept. 9, 2019). The State court denied his second
Rule 37 hearing as untimely. Id., Order (Nov. 21,
November of 2018, while incarcerated in the ADC as a result
of his Pulaski County probation revocation convictions, Mr.
Settles filed a pro se federal habeas corpus
petition under 28 U.S.C. §2254. See Settles v.
Arkansas, No. 4:19-CV-638-WRW-BD (E.D. Ark.). The
petition was denied without prejudice due to Mr.
Settles's failure to comply with Local Rule 5.5.
Id., Recommended Disposition (#7), Order (#8),
Settles filed the current petition for federal habeas relief
on September 17, 2019. (#2) In this petition, he claims that
his Sebastian County public defender was “deficient
because she failed to object” and contended that he
would not have pleaded guilty had she “represented
[him] professionally.” (#2 at 2)
order of September 19, 2019, this Court notified Mr. Settles
of several problems with his petition. (#3) First, his
petition was directed to the Sebastian County Circuit Court
rather than to the federal court; second, he requested relief
based on state rather than federal law; and third, he
challenged his Sebastian County conviction, which resulted in
a suspended sentence, rather than challenging the Pulaski
County convictions, for which he was in custody.
Court ordered Mr. Settles to file an amended petition
explaining how his current custody was in violation of the
United States Constitution or federal law. ...