Harris v. Payne et al
Plaintiff: Charles Edward Harris, Jr
Defendant: Dexter Payne and John Doe
Case Number: 4:2025cv00515
Filed: May 27, 2025
Court: U.S. District Court for the Eastern District of Arkansas
Presiding Judge: James M Moody
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 13, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2025 Filing 28 USCA JUDGMENT as to #13 Notice of Appeal, #23 Notice of Appeal filed by Charles Edward Harris, Jr: The application for a certificate of appealability is denied. The appeal is dismissed. The motion to proceed on appeal in forma pauperis is denied as moot. (jbh)
September 23, 2025 Opinion or Order Filing 27 ORDER denying #24 motion to appeal in forma pauperis in this Court; denying #25 motion for certificate of appealability; and instructing Mr. Harris to file directly with the Court of Appeals any motion to proceed in forma pauperis. Signed by Judge James M. Moody Jr. on 9/23/2025. (jbh)
September 23, 2025 Filing 26 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #23 Notice of Appeal re #12 Recommended Disposition, #17 Order, #18 Judgment. (jbh)
September 22, 2025 Filing 25 MOTION for Certificate of Appealability by Charles Edward Harris, Jr. (jbh)
September 22, 2025 Filing 24 MOTION for Leave to Appeal in forma pauperis by Charles Edward Harris, Jr. (jbh)
September 22, 2025 Filing 23 NOTICE OF APPEAL as to #12 Recommended Disposition, #17 Order, #18 Judgment by Charles Edward Harris, Jr. (jbh)
August 28, 2025 Opinion or Order Filing 22 ORDER of USCA as to #13 Notice of Appeal filed by Charles Edward Harris, Jr: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 9/25/2025, this appeal may be dismissed for failure to prosecute without further notice. (jbh)
August 28, 2025 Opinion or Order Filing 21 ORDER of USCA as to #13 Notice of Appeal filed by Charles Edward Harris, Jr: The Clerk of the district court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER. (jbh)
August 28, 2025 Filing 20 USCA Docketing Letter as to #13 Notice of Appeal filed by Charles Edward Harris, Jr. USCA Case Number 25-2695. (jbh)
August 26, 2025 Filing 19 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #13 Notice of Appeal, #12 Recommended Disposition. (ldb)
August 26, 2025 Opinion or Order Filing 18 JUDGMENT: Pursuant to #17 Order, this case is dismissed with prejudice. The relief sought is denied. Signed by Judge James M. Moody Jr. on 8/26/2025. (ldb)
August 26, 2025 Opinion or Order Filing 17 ORDER adopting #12 Recommended Disposition in all respects; dismissing, with prejudice, #2 Petition as time barred; certifying that an in forma pauperis appeal from the order adopting this recommendation and accompanying judgment would not be taken in good faith; denying #14 , #15 motion for certificate of appealability and leave to appeal in forma pauperis; directing Mr. Harris to either pay to this Court the $605.00 appellate filing and docketing fees, or file, with the United States Court of Appeals for the Eighth Circuit, a motion with an attached affidavit; and directing Mr. Harris to file any future documents or pleadings related to his appeal with the United States Court of Appeals for the Eighth Circuit. Signed by Judge James M. Moody Jr. on 8/26/2025. (ldb)
August 22, 2025 Filing 16 OBJECTION to #12 Recommended Disposition by Charles Edward Harris, Jr. (jbh)
August 22, 2025 Filing 15 MOTION for Leave to Appeal in forma pauperis by Charles Edward Harris, Jr. (jbh)
August 22, 2025 Filing 14 MOTION for Certificate of Appealability by Charles Edward Harris, Jr. (jbh)
August 22, 2025 Filing 13 NOTICE OF APPEAL as to #12 Recommended Disposition by Charles Edward Harris, Jr. (jbh)
August 6, 2025 Filing 12 RECOMMENDED DISPOSITION recommending #5 Respondent's motion to dismiss be granted; #2 Petitioner Charles Harris's 2254 petition for writ of habeas corpus be dismissed with prejudice; #8 Mr. Harris' motion to amend and #9 motion for judgment on the pleadings be denied; and a Certificate of Appealability be denied. Objections due within 14 days of the date of the Recommended Disposition. Signed by Judge James M. Moody Jr. on 08/06/2025. (llg)
July 23, 2025 Filing 11 AFFIDAVIT in Support of #9 Motion for Judgment on the Pleadings by Charles Edward Harris, Jr. (ldb)
July 23, 2025 Filing 10 BRIEF IN SUPPORT re #9 Motion for Judgment on the Pleadings filed by Charles Edward Harris, Jr. (ldb)
July 23, 2025 Filing 9 MOTION for Judgment on the Pleadings by Charles Edward Harris, Jr. (ldb)
June 26, 2025 Filing 8 MOTION to Amend #2 Petition for Writ of Habeas Corpus by Charles Edward Harris, Jr. (llg)
June 20, 2025 Opinion or Order Filing 7 ORDER giving Mr. Harris up to and including Friday, 07/18/2025, to file a response addressing the arguments in #5 Respondent's motion. Signed by Magistrate Judge Edie R. Ervin on 06/20/2025. (llg)
June 19, 2025 Filing 6 BRIEF IN SUPPORT re #5 Motion to Dismiss filed by Dexter Payne. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Sentencing Order, 60CR-08-571, #3 Exhibit 2 - Mandate, CR-09-963, #4 Exhibit 3 - Petition for Postconviction Relief, CR-09-963, #5 Exhibit 4 - Order Denying Petition for Postconviction Relief, CR-09-963, #6 Exhibit 5 - Pen Pack, #7 Exhibit 6 - Sentencing Order, 60CR-06-5123, #8 Exhibit 7 - Sentencing Order, 60CR-07-4885, #9 Exhibit 8 - Sentencing Order, 60CR-08-1053, #10 Exhibit 9 - Sentencing Order, 60CR-09-3010)(Warthen, Christopher)
June 19, 2025 Filing 5 MOTION to Dismiss Petition for Writ of Habeas Corpus by Dexter Payne (Warthen, Christopher)
June 6, 2025 Filing 4 NOTICE of Appearance by Christopher Ray Warthen on behalf of Dexter Payne (Warthen, Christopher)
May 28, 2025 Opinion or Order Filing 3 ORDER granting #1 motion for leave to proceed in forma pauperis; directing the Clerk of the Court to serve a copy of #2 2254 petition and this order on Respondent and the Arkansas Attorney General; and directing Respondent to file a responsive pleading within 21 days of service. Signed by Magistrate Judge Edie R. Ervin on 05/28/2025. (llg)
May 27, 2025 Filing 2 PETITION for Writ of Habeas Corpus, filed by Charles Edward Harris, Jr. (ldb)
May 27, 2025 Filing 1 MOTION for Leave to Proceed in forma pauperis by Charles Edward Harris, Jr. (ldb)

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Plaintiff: Charles Edward Harris, Jr
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Defendant: Dexter Payne
Represented By: Christopher Ray Warthen
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Defendant: John Doe
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