Jefferson v. Hobbs, No. 5:2010cv00321 - Document 3 (E.D. Ark. 2010)
Court Description: PROPOSED FINDINGS AND RECOMMENDED DISPOSITION re docket entry # 1 MOTION for Leave to Proceed in forma pauperis filed by Wesley Jefferson; docket entry # 2 Petition for Writ of Habeas Corpus filed by Wesley Jefferson. An original and one copy of any objection must be received in the office of the U. S. District Clerk no later than fourteen (14) days from the date of the findings and recommendations. Signed by Magistrate Judge J. Thomas Ray on 11/12/10. (ksm)
Download PDF
<![CDATA[
Jefferson v. Hobbs Doc. 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WESLEY JEFFERSON ADC #104933 VS. PETITIONER 5:10CV00321 JMM/JTR LARRY NORRIS, Director Arkansas Department of Correction RESPONDENT PROPOSED FINDINGS AND RECOMMENDED DISPOSITION INSTRUCTIONS The following recommended disposition has been sent to United States District Judge James M. Moody. 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 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. If you are objecting to the recommendation and also desire to submit new, Dockets.Justia.com different, or additional evidence, and to have a hearing for this purpose before the United States District Judge, you must, at the same time that you file your written objections, include a “Statement of Necessity” that sets forth the following: 1. Why the record made before the Magistrate Judge is inadequate. 2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge. 3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge. From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge. Mail your objections and “Statement of Necessity” to: Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite 402 Little Rock, AR 72201-3325 I. Introduction Petitioner, Wesley Jefferson (“Jefferson”), is currently confined in the Varner Unit of the Arkansas Department of Correction. He has filed a Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, and a Motion to Proceed In Forma -2- Pauperis. (Docket entries #1 and 2). In 2006, Jefferson was convicted of fleeing, aggravated robbery, theft of property, and capital murder in St. Francis County Circuit Court. He was sentenced to life imprisonment, without parole, for the capital murder conviction, to run concurrent with an aggregate 432-month sentence on the remaining convictions. In Jefferson’s habeas Petition in this case, he challenges his conviction and sentence in St. Francis County. However, in an earlier habeas Petition, filed on June 1, 2010, Jefferson attacks the same conviction and sentence. See Jefferson v. Norris, E.D. Ark. No. 5:10CV00167 JMM/JTR. For the reasons set forth below, the Court recommends that the Motion to Proceed In Forma Pauperis be denied, as moot, and that the habeas Petition be dismissed, without prejudice. II. Discussion A claim presented in a second or successive § 2254 habeas petition must be dismissed unless the Petitioner can make a prima facie showing of the requirements of 28 U.S.C. § 2244(b)(2). Ordinarily, this determination is made by the appropriate Circuit Court of Appeals. See 28 U.S.C. § 2244(b)(3)(A) (“Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the -3- district court to consider the application.”). It appears that Jefferson is attempting to add a new claim to the already pending habeas claims asserted in No. 5:10CV00167 JMM/JTR.1 Accordingly, Jefferson should file a Motion, in No. 5:10CV00167 JMM/JTR, requesting permission to amend, rather than filing a successive habeas Petition. III. Conclusion IT IS THEREFORE RECOMMENDED THAT: 1. Petitioner's Motion to Proceed In Forma Pauperis (docket entry #1) be DENIED, AS MOOT. 2. The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry #2), be DISMISSED, WITHOUT PREJUDICE. Dated this 12th day of November, 2010. UNITED STATES MAGISTRATE JUDGE 1 In No. 5:10CV00167 JMM/JTR, Jefferson asserts two ineffective assistance of counsel claims. In this case, he claims that his capital murder conviction was somehow unlawful under the definition of the capital murder statute, Ark. Code Ann. § 5-10-101. -4-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
