James E. Whitney vs. Wendy Kelley, Director, ADC
Plaintiff: James E. Whitney
Defendant: Wendy Kelley
Case Number: 5:2019cv05054
Filed: March 21, 2019
Court: US District Court for the Western District of Arkansas
Presiding Judge: P K Holmes
Referring Judge: Erin L Wiedemann
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2019 Filing 18 REPLY to #14 Response to #6 Petition for Writ of Habeas Corpus filed by James Whitney. (tg)
June 3, 2019 Filing 17 OBJECTION by James E. Whitney to #12 MOTION for Leave to File Exhibit Under Seal. (Attachments: #1 Exhibit)(tg)
May 21, 2019 Filing 16 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT by Wendy Kelley. An Order was entered on 5/13/2019 allowing the document(s) to be filed under seal. This docket entry is related to #14 Response to Petition,,. (Attachments: #1 Exhibit Index, #2 Exhibit C- Two Volume Sealed Trial Record Transcripts (excluding sentencing phase and exhibits),Whitney v. State, Ark. App. No. CR-16-964.) (Kemp, Rachel)
May 21, 2019 Filing 15 NOTICE by Wendy Kelley re #14 Response to Petition,, (Attachments: #1 Exhibit Index, #2 Exhibit D- One Volume Record, Whitney v. State, Ark. Sup. Ct. No. CR-17-919)(Kemp, Rachel)
May 13, 2019 Filing 14 RESPONSE to #6 Petition for Writ of Habeas Corpus by Wendy Kelley. (Attachments: #1 Exhibit Index, #2 Exhibit A- Argument portions of appellate briefs, #3 Exhibit B- Whitney v. State, 520 S.W.3d 326 (Ark. App. 2017), #4 Exhibit E- Whitney v. State, 2018 Ark. 42 (Ark. Feb. 15, 2018), #5 Exhibit F- Supplemental Order Denying Leave to Proceed In Forma Pauperis, #6 Exhibit G- Order denying petition for writ of error coram nobis, #7 Exhibit H- Whitney v. State, 2018 Ark. 138 (Ark. April 26, 2018), #8 Exhibit I- Petition to Correct Illegal Sentence, #9 Exhibit J- Order dismissing petition to correct illegal sentence)(Kemp, Rachel)
May 13, 2019 Filing 13 TEXT ONLY ORDER granting #12 Motion for Leave to File Exhibit Under Seal. The exhibit may be filed conventionally. Signed by Honorable Erin L. Wiedemann on May 13, 2019. (caz)
May 13, 2019 Filing 12 MOTION for Leave to File Exhibit Under Seal by Wendy Kelley. Motions referred to Erin L. Wiedemann.(Kemp, Rachel)
May 8, 2019 Opinion or Order Filing 11 ORDER denying #10 Motion for Miscellaneous Copies. Signed by Honorable Erin L. Wiedemann on May 8, 2019. (tg)
April 26, 2019 Filing 10 MOTION for miscellaneous copies by James E. Whitney. Motions referred to Erin L. Wiedemann.(tg)
April 26, 2019 Filing 9 NOTICE of Appearance by Rachel M. Kemp on behalf of Wendy Kelley. (Kemp, Rachel)
April 25, 2019 Filing 8 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #7 Order Directing Service, #1 Petition for Writ of Habeas Corpus. Wendy Kelley received documents on 4/22/2019 and Leslie Rutledge had no date given. (tg)
April 17, 2019 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #6 Petition for Writ of Habeas Corpus, #7 Order Directing Service as to Wendy Kelley, AR Board of Correction Compliance Division and Leslie Rutledge, Office of the Attorney General using Certified Mail Article numbers 7017 2680 0000 5417 5122 and 7017 7010 0000 7131 5251. (tg)
April 17, 2019 Opinion or Order Filing 7 ORDER DIRECTING THE CLERK OF COURT TO SERVE by certified mail Wendy Kelley and the Attorney General of the State of Arkansas and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on April 17, 2019. (tg)
April 5, 2019 Filing 6 AMENDED PETITION for Writ of Habeas Corpus, filed by James E. Whitney.(tg)
March 22, 2019 Filing 5 ***DISREGARD DOCKETED IN ERROR*** CLERK'S ORDER re PLRA Initial Fee directing Warden, ADC, Varner Unit to collect from petitioner's prison account an initial partial filing fee of $1.20; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (tg) Modified on 3/25/2019 (tg).
March 21, 2019 Filing 4 Magistrate Notice/Consent Form furnished. (tg)
March 21, 2019 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; The Clerk is directed to mail the Plaintiff a 2254 form and ORDER DIRECTING that an Amended 2254 form be filed (Amended 2254 form due 4/22/2019). Signed by Honorable Erin L. Wiedemann on March 21, 2019. (tg)
March 21, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by James E. Whitney. Motions referred to Erin L. Wiedemann.(tg) (tg).
March 21, 2019 Filing 1 PETITION for Writ of Habeas Corpus, filed by James E. Whitney.(tg)

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Plaintiff: James E. Whitney
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Defendant: Wendy Kelley
Represented By: Rachel M. Kemp
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