Barker v. Payne
Plaintiff: Mark A Barker
Defendant: Dexter Payne
Case Number: 4:2022cv00006
Filed: January 5, 2022
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: James M Moody
Referring Judge: Joe J Volpe
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2022 Opinion or Order Filing 14 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #13 Motion for Extension of Time to Answer due 3/24/2022. Signed by Magistrate Judge Joe J. Volpe on 2/22/2022. (lej)
February 17, 2022 Filing 13 MOTION for Extension of Time to File Answer re #4 Amended Petition for Writ of Habeas Corpus by Dexter Payne (Harris, Christian)
January 18, 2022 Filing 12 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
January 18, 2022 Filing 11 NOTICE of Appearance by Christian Scholfield Harris on behalf of Dexter Payne (Harris, Christian)
January 10, 2022 Opinion or Order Filing 10 ORDER directing the Clerk of the Court to serve a copy of #2 Petition for Writ of Habeas Corpus, #3 Brief in Support, #4 Amended Petition for Writ of Habeas Corpus, and this Order on the respondent and the Arkansas Attorney General by mail; and directing respondent to 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 1/10/2022. (jbh)
January 10, 2022 Opinion or Order Filing 9 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joe J. Volpe on 1/10/2022. (lej)
January 6, 2022 Opinion or Order Filing 8 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion to correct a wrongful conviction #5 . Petitioner's motion for appointment of special master is denied as frivolous #6 . The motion to appoint counsel is denied #7 . 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 he will benefit from assistance of counsel, the factual complexity of the case, the Petitioner's ability to investigate and present his 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 his Petition he is capable of prosecuting his claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 1/6/2022. (lej)
January 5, 2022 Filing 7 MOTION for Appointment of Counsel by Mark A Barker. (llg)
January 5, 2022 Filing 6 MOTION for Appointment of Special Master by Mark A Barker. (llg)
January 5, 2022 Filing 5 PETITION to Correct a Wrongful Conviction by Mark A Barker. (llg)
January 5, 2022 Filing 4 AMENDED PETITION for Writ of Habeas Corpus filed by Mark A Barker. Related document: #2 Petition for Writ of Habeas Corpus filed by Mark A Barker. (llg)
January 5, 2022 Filing 3 BRIEF IN SUPPORT of #2 Petition for Writ of Habeas Corpus filed by Mark A Barker. (llg)
January 5, 2022 Filing 2 PETITION for Writ of Habeas Corpus filed by Mark A Barker. (Filing fee of $5 paid, receipt number LIT085106.) (llg)
January 5, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis by Mark A Barker. (llg)

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Plaintiff: Mark A Barker
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Defendant: Dexter Payne
Represented By: Christian Scholfield Harris
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