Poindexter v. Payne, 3:20-cv-00009DPM-PSH. (2020)
Court: District Court, E.D. Arkansas
Number: infdco20200212531
Visitors: 4
Filed: Feb. 11, 2020
Latest Update: Feb. 11, 2020
Summary: ORDER PATRICIA S. HARRIS , Magistrate Judge . Petitioner Eddie A. Poindexter ("Poindexter") began this case by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. In the petition, he challenged his 2006 guilty plea in Washington County Circuit Court. He also challenged the Washington County Circuit Clerk's alleged refusal to file two notices of appeal. Respondent Dexter Payne ("Payne") has now filed a response to the petition. In the response, Payne maintained that the
Summary: ORDER PATRICIA S. HARRIS , Magistrate Judge . Petitioner Eddie A. Poindexter ("Poindexter") began this case by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. In the petition, he challenged his 2006 guilty plea in Washington County Circuit Court. He also challenged the Washington County Circuit Clerk's alleged refusal to file two notices of appeal. Respondent Dexter Payne ("Payne") has now filed a response to the petition. In the response, Payne maintained that the p..
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ORDER
PATRICIA S. HARRIS, Magistrate Judge.
Petitioner Eddie A. Poindexter ("Poindexter") began this case by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. In the petition, he challenged his 2006 guilty plea in Washington County Circuit Court. He also challenged the Washington County Circuit Clerk's alleged refusal to file two notices of appeal. Respondent Dexter Payne ("Payne") has now filed a response to the petition. In the response, Payne maintained that the petition should be dismissed because it is barred by limitations; raises, in part, a state law claim; and contains claims that are procedurally barred from federal court review. Before giving serious consideration to Payne's assertions, the Court accords Poindexter an opportunity to file a reply. In the reply, Poindexter should explain why his petition should not be dismissed for the reasons advanced by Payne. Poindexter is given up to, and including, March 12, 2020, to file a reply.
IT IS SO ORDERED.
Source: Leagle
