Murphy v. Payne
| Lisa Ryan Murphy |
| United States and Dexter Payne |
| 4:2020cv01467 |
| December 16, 2020 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 16 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #2 Petition be dismissed with prejudice; and recommending a certificate of appealability not be issued. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 2/8/2021. (jbh) |
| Filing 15 REPLY in Opposition to #14 Response by Lisa Ryan Murphy. (ljb) |
| Filing 14 RESPONSE re #2 Petition for Writ of Habeas Corpus by Dexter Payne (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Probable Cause Affidavit, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (Dec. 29, 2016), #3 Exhibit Sentencing Order, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (Apr. 19, 2017), #4 Exhibit Motion for Credit for Time Spent in Custody, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (Apr. 25, 2017), #5 Exhibit Petition for Reduction of Sentence Pursuant to Ark. Code Ann. 16-90-111, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (Apr. 25, 2017), #6 Exhibit State Habeas Petition, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (Apr. 25, 2017), #7 Exhibit Orders, State v. Murphy, Grant County Circuit Court Case No. 27CR-16-166 (July 5, 2017))(Jackson, Adam) |
| Filing 13 EVIDENCE by Lisa Ryan Murphy. (llg) |
| Filing 12 EVIDENCE by Lisa Ryan Murphy. (ljb) |
Filing 11
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion to appoint counsel and for a hearing #10 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a habeas action but the Court may appoint counsel at its discretion. The Court has considered Petitioner's need for an attorney at this juncture, the likelihood that she will benefit from assistance of counsel, the factual complexity of the case, the Petitioner's ability to investigate and present her case, and the complexity of the legal issues. In considering these factors, the Court finds that, at this time, Petitioner's claims do not appear legally or factually complex, and it appears from the face of her Petition she is capable of prosecuting her claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 1/6/2021. (lej)
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| Filing 10 MOTION for Appointment of Counsel and for Evidentiary Hearing by Lisa Ryan Murphy. (llg) |
| Filing 9 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
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Filing 8
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Petitioner's motion to strike #6 . Signed by Magistrate Judge Joe J. Volpe on 1/4/2021. (lej)
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| Filing 7 NOTICE of Appearance by Adam Donner Jackson on behalf of Dexter Payne (Jackson, Adam) |
| Filing 6 MOTION to Strike Inacurate Information and Add Corrected by Lisa Ryan Murphy. (llg) |
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Filing 5
ORDER granting Petitioner's motion for leave to proceed in forma pauperis #1 . Directing the Clerk of the Court to serve a copy of the #2 Petition for Writ of Habeas Corpus, #4 Brief in Support and this Order on the respondent and the Arkansas Attorney General by regular mail. Respondent shall file an answer, motion, or other pleading responsive to the petition within 40 days after service of the petition, exclusive of the day of service. Signed by Magistrate Judge Joe J. Volpe on 12/23/2020. (lej) (Docket entry modified on 12/23/2020 to establish linkage and reference service of #4 Brief in Support.) (thd).
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| NOTICE OF DOCKET CORRECTION re #5 Order. CORRECTION: The docket entry was modified to establish linkage and to include the direction to serve #4 Brief in Support. (thd) |
| Filing 4 BRIEF IN SUPPORT of #2 Petition for Compassionate Release filed by Lisa Ryan Murphy. (ljb) |
| Filing 3 AFFIDAVIT in Support of #1 Motion for Leave to Proceed in forma pauperis filed by Lisa Ryan Murphy. (ljb) |
| Filing 2 PETITION for Compassionate Release filed by Lisa Ryan Murphy. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Lisa Ryan Murphy. (ljb) |
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