Pedraza v. Kelley (5:17-cv-00037), Arkansas Eastern District Court

Pedraza v. Kelley

Arkansas Eastern District Court
Judge:	D P Marshall Jr
Referred:	Joe J Volpe
Case #:	5:17-cv-00037
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Feb 13, 2017
Terminated:	Dec 04, 2017

Defendant Wendy Kelley
Plaintiff Daniel Pedraza

	GPO Aug 21 2017 PROPOSED FINDINGS AND RECOMMENDATIONS that Mr. Pedraza's � 2254 Petition for Writ of Habeas Corpus be dismissed without prejudice 2. A certificate of appealability should not 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 8/21/2017. (lej)
	GPO Sep 12 2017 ORDER granting 21 Motion for Extension. Pedraza's objections are due by 10/6/2017. 21 Motion for appointed counsel is denied without prejudice. Signed by Judge D. P. Marshall Jr. on 9/12/2017. (jak)
	GPO Dec 04 2017 017. (jak)ORDER adopting 20 Recommendation as supplemented and modified, and mostly overruling 25 Objections. Pedraza's petition will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 12/4/2
	GPO Dec 04 2017 JUDGMENT: Pedraza's petition is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 12/4/2017. (jak)

Docket last updated: 04/24/2024 11:59 PM CDT

Tuesday, September 20, 2022
		misc Case File Note Tue 09/20 5:09 PM CASE FILE NOTE:14 Exhibit maintained as a material record and sent to the National Records Center (Accession 021 22-0302 Box 10 & 11). The remainder of the file is maintained as an electronic record. (ade) Related: [-]
Thursday, August 23, 2018
43		43 appeal USCA Mandate Thu 08/23 11:52 AM MANDATE of USCA in accordance with the judgment of 05/29/2018, as to28 Notice of Appeal filed by Daniel Pedraza. (cmn) Related: [-]
Tuesday, August 14, 2018
42		42 appeal USCA Order Tue 08/14 4:38 PM ORDER of USCA as to28 Notice of Appeal filed by Daniel Pedraza: The petition for rehearing by the panel is denied. (cmn) Related: [-]
Monday, July 02, 2018
41		41 appeal Appeal Record Returned Fri 07/06 10:42 AM Appeal Record Returned: Respondent's Exhibit A, 9 Volume Direct-Appeal record, Pedraza v. State (Pedraza I), docket entry14 (mcz) Related: [-]
Thursday, June 21, 2018
40		40 appeal USCA Order Thu 06/21 10:17 AM ORDER of USCA Recalling39 Mandate as to28 Notice of Appeal filed by Daniel Pedraza. (mcz) Related: [-]
Wednesday, June 20, 2018
39		39 appeal USCA Mandate Thu 06/21 10:16 AM MANDATE of USCA in accordance with the judgment of 05/29/2018, as to28 Notice of Appeal filed by Daniel Pedraza. (mcz) Related: [-]
Tuesday, May 29, 2018
38		38 appeal USCA Judgment Thu 06/21 10:14 AM USCA JUDGMENT as to28 Notice of Appeal filed by Daniel Pedraza: The application for a certificate of appealability is denied. The appeal is dismissed. (mcz) Related: [-]
Thursday, February 08, 2018
37		37 1 pgs order Order on Motion for Leave to Appeal In Forma Pauperis Thu 02/08 4:17 PM ORDER denying36 Motion for Leave to Appeal in forma pauperis. The Court declined to issue a certificate of appealability,26 . Signed by Judge D. P. Marshall Jr. on 2/8/2018. (jak) Related: [-]
Tuesday, February 06, 2018
35		35 misc Letter Tue 02/06 10:42 AM Letter from Clerk, USCA to Mr. Pedraza: The motion to appeal in forma pauperis which was mailed to the U.S. Court of Appeals is being forwarded to the District Court for ruling. (mcz) Related: [-]
Monday, February 05, 2018
36		36 motion Appeal In Forma Pauperis Tue 02/06 1:00 PM MOTION for Leave to Appeal in forma pauperis, by Daniel Pedraza. (mcz) Related: [-]
34		34 appeal USCA Order Mon 02/05 3:48 PM ORDER of USCA as to28 Notice of Appeal filed by Daniel Pedraza: Appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees. Appellant is directed to show cause, within 14 days of this order, why this appeal should not be dismissed. (mcz) Related: [-]
Friday, January 12, 2018
33		33 appeal Appeal Record Sent to USCA Fri 01/12 12:45 PM Transmitted Record on Appeal to US Court of Appeals re28 Notice of Appeal: Respondent's Exhibit A, 9 Volume Direct-Appeal record, Pedraza v. State (Pedraza I), 2014 Ark. 298,438 S.W.3d 226, docket entry14 . (mcz) Related: [-]
Tuesday, January 09, 2018
32		32 appeal USCA Order Tue 01/09 3:40 PM ORDER of USCA: 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 as to28 Notice of Appeal filed by Daniel Pedraza. (mcz) Related: [-]
31		31 appeal USCA Order Tue 01/09 3:37 PM ORDER of USCA as to28 Notice of Appeal filed by Daniel Pedraza: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to pay the fee in the district court or file a motion to proceed in forma pauperis in the district court within 21 days of this order. (mcz) Related: [-]
30		30 appeal USCA Docketing Letter Tue 01/09 3:32 PM USCA Docketing Letter as to28 Notice of Appeal filed by Daniel Pedraza. USCA Case Number 18-1069 (mcz) Related: [-]
Friday, January 05, 2018
29		29 appeal Notification of Appeal and NOA Supplement Fri 01/05 3:37 PM NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to28 Notice of Appeal filed by Daniel Pedraza re:26 Order and27 Judgment. (mcz) Related: [-]
28		28 appeal Notice of Appeal Fri 01/05 3:32 PM NOTICE OF APPEAL and Designation of Record as to26 Order and27 Judgment, by Daniel Pedraza. (mcz) Related: [-]
Monday, December 04, 2017
27		27 order Judgment Mon 12/04 3:24 PM JUDGMENT: Pedraza's petition is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 12/4/2017. (jak) Related: [-]
26		26 3 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Mon 12/04 3:16 PM ORDER adopting20 Recommendation as supplemented and modified, and mostly overruling25 Objections. Pedraza's petition will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 12/4/2017. (jak) Related: [-]
Monday, October 30, 2017
25		25 respoth Objection to Report and Recommendations Mon 10/30 3:54 PM OBJECTION to20 Report and Recommendations by Daniel Pedraza. (kdr) Related: [-]
Tuesday, October 10, 2017
24		24 1 pgs order Order on Motion for Extension of Time to File Response/Reply Tue 10/10 2:38 PM ORDER granting23 Motion for Extension of Time. Pedraza's objections are due by 10/25/2017. Signed by Judge D. P. Marshall Jr. on 10/10/2017. (jak) Related: [-]
23		23 motion Extension of Time to File Response/Reply Tue 10/10 2:00 PM MOTION for Extension of Time to File Objections and Statement of Necessity as to20 REPORT AND RECOMMENDATIONS by Daniel Pedraza. (kdr) Related: [-]
Tuesday, September 12, 2017
22		22 1 pgs order Order ~Util - Terminate Motions Tue 09/12 1:12 PM ORDER granting21 Motion for Extension. Pedraza's objections are due by 10/6/2017.21 Motion for appointed counsel is denied without prejudice. Signed by Judge D. P. Marshall Jr. on 9/12/2017. (jak) Related: [-]
Tuesday, September 05, 2017
21		21 motion Extend Time Appoint Counsel Tue 09/05 1:08 PM MOTION to Extend Time and MOTION to Appoint Counsel by Daniel Pedraza. (kdr) Related: [-]
Monday, August 21, 2017
20		20 motion Report and Recommendations Mon 08/21 10:42 AM PROPOSED FINDINGS AND RECOMMENDATIONS that Mr. Pedraza's � 2254 Petition for Writ of Habeas Corpus be dismissed without prejudice2 . A certificate of appealability should not 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 8/21/2017. (lej) Related: [-]
Friday, August 18, 2017
19		19 respoth Reply (Non Motion) Fri 08/18 11:17 AM REPLY re12 Response to Habeas Petition, by Daniel Pedraza. (kdr) Related: [-]
Monday, July 17, 2017
18		18 order Order on Motion to Extend Time Mon 07/17 9:51 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Petitioner's motion to extend time 30 days to file a reply to the response to the petition17 . Signed by Magistrate Judge Joe J. Volpe on 7/17/2017. (lej) Related: [-]
Friday, July 14, 2017
17		17 motion Extend Time Fri 07/14 11:56 AM MOTION to Extend Time by Daniel Pedraza. (ljb) Related: [-]
Thursday, June 08, 2017
16		16 order Order on Motion for Extension of Time to File Response/Reply Thu 06/08 11:17 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part15 Motion for Extension of Time to File Response/Reply as to12 Response to Habeas Petition. Petitioner seeks sixty days to reply, and that request is excessive. Petitioner may have until 7/14/2017 to file a reply. Inasmuch as Petitioner's Motion seeks leave of the court to conduct discovery, that request is denied. Signed by Magistrate Judge Joe J. Volpe on 6/8/17. (Volpe, Joe) (Docket text modified on 6/8/2017 to remove duplicate text and punctuation, pursuant to instructions from Chambers.) (thd) Related: [-]
15		15 motion Extension of Time to File Response/Reply Thu 06/08 11:08 AM MOTION for Extension of Time to File Reply to12 Response to Habeas Petition by Daniel Pedraza. (mef) Related: [-]
		utility Notice of Docket Correction Thu 06/08 11:32 AM NOTICE OF DOCKET CORRECTION re: 16 Order. CORRECTION: The docket text was modified to remove duplicate text as follows: "ORDER granting in part and denying in part15 Motion for Extension of Time to File Response/Reply as to12 Response to Habeas Petition." (thd) Related: [-]
Friday, May 19, 2017
14		14 notice Notice (Other) Fri 05/19 4:19 PM NOTICE of Conventional Filing of Respondent's Exhibit A: Nine-volume Direct-Appeal record, Pedraza v. State (Pedraza I), 2014 Ark. 298,438 S.W.3d 226 by Wendy Kelley re12 Response to Habeas Petition [Exhibit A maintained in the clerk's office filed] (jap) Related: [-]
13		13 misc Addendum Fri 05/19 3:59 PM INDEX of Exhibits filed by Wendy Kelley re12 Response (jap) Related: [-]
12		12 answer Response to Habeas Petition Fri 05/19 11:56 AM RESPONSE to2 Petition for Writ of Habeas Corpus by Wendy Kelley.(Harris, Christian) Related: [-]
		Att: 1 Document Index of Exhibits,
		Att: 2 Exhibit B - Briefs submitted in Pedraza I,
		Att: 3 Exhibit C - Courts opinion in Pedraza I.,
		Att: 4 Exhibit D - One-volume postconviction record, Pedraza v. State (Pedraza II), 2016 Ark. 85, 485 S.W.3d 686 (per curiam),
		Att: 5 Exhibit E - Briefs submitted in Pedraza II.,
		Att: 6 Exhibit F - Courts opinion in Pedraza II.,
		Att: 7 Exhibit G - Excerpt of pretrial hearing transcript in Pedraza v.State, 2013 Ark. 116, 426 S.W.3d 441,
		Att: 8 Exhibit H - Excerpt of appellate record in (Victoria) Pedraza v. State, 2015Ark. App. 205, 465 S.W.3d 426.
Friday, May 05, 2017
11		11 order Order on Motion for Extension of Time to Answer Fri 05/05 8:20 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Respondent's motion to extend time to 5/19/2017 to file a response to the petition10 . Signed by Magistrate Judge Joe J. Volpe on 5/5/2017. (lej) Related: [-]
Thursday, May 04, 2017
10		10 motion Extension of Time to File Answer Thu 05/04 4:57 PM Second MOTION for Extension of Time to File Answer re2 Petition for Writ of Habeas Corpus by Wendy Kelley (Harris, Christian) Related: [-]
Tuesday, March 28, 2017
9		9 order Order on Motion for Extension of Time to Answer Tue 03/28 2:52 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Respondent's motion to extend time to 5/5/2017 to file an answer to the petition8 . Signed by Magistrate Judge Joe J. Volpe on 3/28/2017. (lej) Related: [-]
8		8 motion Extension of Time to File Answer Tue 03/28 12:06 PM MOTION for Extension of Time to File Answer re2 Petition for Writ of Habeas Corpus by Wendy Kelley (Harris, Christian) Related: [-]
Friday, February 24, 2017
7		7 notice Consent Notice Fri 02/24 11:29 AM NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) Related: [-]
6		6 notice Notice of Appearance Fri 02/24 11:05 AM NOTICE of Appearance by Christian Scholfield Harris on behalf of Wendy Kelley (Harris, Christian) Related: [-]
Friday, February 17, 2017
5		5 order Order Directing Service (State Habeas) Fri 02/17 12:20 PM ORDER directing the Clerk to serve a copy of the Petition for Writ of Habeas Corpus and this Order on the Respondent and the Arkansas Attorney General by regular mail2 . Respondent shall file an answer, motion, or other pleading responsive to the Petition within 40 days after service of this Petition, exclusive of the day of service. Signed by Magistrate Judge Joe J. Volpe on 2/17/2017. (lej) Related: [-]
4		4 misc Filing Fee Received Fri 02/17 10:48 AM Filing fee: $ 5.00, receipt number LIT060564. (alm) Related: [-]
Thursday, February 16, 2017
3		3 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 02/17 8:32 AM ORDER denying without prejudice Petitioner's Application to Proceed without Prepayment of Fees1 . 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) show cause why he cannot pay the statutory filing fee. Signed by Magistrate Judge Joe J. Volpe on 2/16/2017. (lej) Related: [-]
Monday, February 13, 2017
2		2 cmp Petition for Writ of Habeas Corpus Mon 02/13 2:59 PM PETITION for Writ of Habeas Corpus filed by Daniel Pedraza. (ljb) Related: [-]
1		1 motion Proceed In Forma Pauperis Mon 02/13 1:49 PM MOTION for Leave to Proceed in forma pauperis by Daniel Pedraza. (ljb) Related: [-]

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