Sims v. Payne
| Charles Ray Sims |
| Doe and Dexter Payne |
| 5:2019cv00271 |
| August 15, 2019 |
| US District Court for the Eastern District of Arkansas |
| Joe J Volpe |
| Susan Webber Wright |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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Filing 16
JUDGMENT: Consistent with the #15 Order that was entered on this day, this case is dismissed. Signed by Judge Susan Webber Wright on 10/16/2019. (jbh)
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Filing 15
ORDER adopting #11 Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe; dismissing #1 the Petition for Writ of Habeas Corpus; and denying the requested relief. No certificate of appealability will be issued. Signed by Judge Susan Webber Wright on 10/16/2019. (jbh)
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| Filing 14 EVIDENCE filed by Charles Ray Sims. (ljb) |
| Filing 13 NOTICE to the Court by Charles Ray Sims. (kdr) |
| Filing 12 OBJECTION to #11 Proposed Findings and Recommendations by Charles Ray Sims. (llg) |
| Filing 11 PROPOSED FINDINGS AND RECOMMENDATIONS that the Petition for Writ of Habeas Corpus be dismissed and the requested relief be denied #1 . No certificate of appealability 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 9/20/2019. (lej) |
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion to appoint counsel #9 . 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. For the same reasons, the Court denies Petitioner's request for a stay of proceedings and finds it to be without merit. Signed by Magistrate Judge Joe J. Volpe on 9/19/2019. (lej)
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| Filing 9 MOTION to Appoint Counsel by Charles Ray Sims. (kdr) |
| Filing 8 Filing fee: $5, receipt number LIT073894 (bmd) |
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Filing 7
ORDER granting Petitioner's motions for leave to proceed in forma pauperis #4 #6 . Signed by Magistrate Judge Joe J. Volpe on 9/5/2019. (lej)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Charles Ray Sims. (ljb) |
| Filing 5 AFFIDAVIT in Support #4 MOTION for Leave to Proceed in forma pauperis by Charles Ray Sims. (kdr) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Charles Ray Sims. (kdr) |
| Filing 3 NOTICE OF DOCKET CORRECTION re: #1 Petition for Writ of Habeas Corpus. CORRECTION: The file date was corrected on the document, based on instructions from the Eighth Circuit Court of Appeals. The corrected document is attached hereto for review by the parties. (thd) |
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Filing 2
ORDER that if Petitioner wishes to proceed with this action, he must, within 30 days of the date of this order, either (1) pay the $5 statutory filing fee in full; or (2) file a properly completed Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet. Failure to timely and properly comply with this order may result in dismissal of this action without prejudice, pursuant to LR 5.5(c)(2). Signed by Magistrate Judge Joe J. Volpe on 8/21/2019. (lej)
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| NOTICE OF DOCKET CORRECTION re #1 Petition for Writ of Habeas Corpus. CORRECTION: The docket entry was modified to correct the file date to 8/19/2019 as marked on the document. (jak) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Charles Ray Sims.(kdr) (Docket entry modified on 8/20/2019 to correct the file date)(jak) |
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