Perry v. Kelley
| Arkansas Eastern District Court | |
| Judge: | Kristine G Baker |
| Referred: | Jerome T Kearney |
| Case #: | 5:17-cv-00039 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Feb 15, 2017 |
| Terminated: | May 01, 2018 |
Defendant
Wendy Kelley
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Plaintiff
Kiywuan Perry
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GPO
May 25 2017
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that the District Court deny and dismiss the 2 habeas petition with prejudice and that the District Court not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 5/25/2017. (mef) |
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GPO
May 01 2018
ORDER adopting 12 Proposed Findings and Recommendations in their entirety as this Court's findings in all respect; denying as moot 16 Mr. Perry's motion to stay proceedings to conduct postconviction competency hearing; dismissing with prejudice 2 petition for writ of habeas corpus; and denying the requested relief. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 5/1/2018. (cmn) (Docket entry modified on 5/2/2018 to correct the file date) (jak) |
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GPO
May 01 2018
JUDGMENT: Consistent with 18 Order, plaintiff Kiywuan Perry's petition for writ of habeas corpus is dismissed with prejudice. Signed by Judge Kristine G. Baker on 5/1/2018. (cmn) |
| Docket last updated: 04/17/2024 11:59 PM CDT |
| Wednesday, May 02, 2018 | ||
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utility
Notice of Docket Correction
Wed 05/02 8:28 AM
NOTICE OF DOCKET CORRECTION re18 Order. CORRECTION: The docket entry was modified to correct the file date to 5/1/2018 as marked on the Order. (jak) |
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| Tuesday, May 01, 2018 | ||
| 19 | 19
order
Judgment
Wed 05/02 8:18 AM
JUDGMENT: Consistent with18 Order, plaintiff Kiywuan Perry's petition for writ of habeas corpus is dismissed with prejudice. Signed by Judge Kristine G. Baker on 5/1/2018. (cmn) |
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| 18 | 18
2
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion to Stay
Wed 05/02 8:16 AM
ORDER adopting12 Proposed Findings and Recommendations in their entirety as this Court's findings in all respect; denying as moot16 Mr. Perry's motion to stay proceedings to conduct postconviction competency hearing; dismissing with prejudice2 petition for writ of habeas corpus; and denying the requested relief. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 5/1/2018. (cmn) (Docket entry modified on 5/2/2018 to correct the file date) (jak) |
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| Tuesday, September 26, 2017 | ||
| 17 | 17
respm
Response in Opposition to Motion
Tue 09/26 3:42 PM
RESPONSE in Opposition re16 MOTION to Stay Proceedings to Conduct PostConviction Competency Hearing AND Response to Objections to Proposed Findings and Recommendations filed by Wendy Kelley. (Berger, Vada) |
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| Wednesday, September 13, 2017 | ||
| 16 | 16
motion
Stay
Wed 09/13 1:56 PM
MOTION to Stay Proceedings by Kiywuan Perry. (ljb) |
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| 15 | 15
respoth
Objection to Report and Recommendations
Wed 09/13 1:54 PM
OBJECTION to12 Proposed Findings and Recommendations by Kiywuan Perry. (ljb) |
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| Thursday, June 08, 2017 | ||
| 14 | 14
order
Order on Motion to Extend Time
Thu 06/08 4:11 PM
ORDER granting13 motion for extension of time. Mr. Perry will have up to and including 9/11/2017 within which he may file his response to12 Judge Kearney's Proposed Findings and Recommendations. Signed by Judge Kristine G. Baker on 6/8/2017. (mef) |
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| 13 | 13
motion
Extend Time
Thu 06/08 10:53 AM
MOTION to Extend Time filed by Kiywuan Perry. (mef) |
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| Thursday, May 25, 2017 | ||
| 12 | 12
motion
Report and Recommendations
Thu 05/25 3:54 PM
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that the District Court deny and dismiss the2 habeas petition with prejudice and that the District Court not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 5/25/2017. (mef) |
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| Monday, May 08, 2017 | ||
| 11 | 11
answer
Response to Habeas Petition
Mon 05/08 5:24 PM
RESPONSE to2 Petition for Writ of Habeas Corpus by Wendy Kelley.(Berger, Vada) |
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Att: 1
Exhibit Index,
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Att: 2
Exhibit A-Part 1 of Two-Volume Direct Appeal Record,
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Att: 3
Exhibit A-Part 2 of Two-Volume Direct Appeal Record,
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Att: 4
Exhibit A-Part 3 of Two-Volume Direct Appeal Record,
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Att: 5
Exhibit A-Part 4 of Two-Volume Direct Appeal Record,
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Att: 6
Exhibit B - Appellant's Brief, CR-14-518,
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Att: 7
Exhibit C - Appellee's Brief, CR-14-518,
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Att: 8
Exhibit D - Arkansas Supreme Court's Opinion, CR-14-518,,
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Att: 9
Exhibit E - Arkansas Supreme Mandate, CR-14-517, Jan. 7, 2015,
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Att: 10
Exhibit F - One-Volume Post-Conviction Record, CR-15-434,
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Att: 11
Exhibit G - Arkansas Supreme Court Electronic Docket, CR-15-434,
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Att: 12
Exhibit H - Appellee's Motion to Dismiss, filed Sept. 23, 2015,
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Att: 13
Exhibit I - Arkansas Supreme Court Formal Order - CR-15-434,
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Att: 14
Document J - Arkansas Supreme Court Letter to Kiywuan Perry, dated Nov. 19, 2015,
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Att: 15
Exhibit K - Arkansas Supreme Court Letter to Kiywuan Perry, dated Jun. 14, 2016,
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Att: 16
Exhibit L - Arkansas Supreme Court Formal Order, CR-14-518,
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Att: 17
Exhibit M - Pulaski County Circuit Court Electronic Docket, Case No. CR-12-1791
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| Tuesday, April 04, 2017 | ||
| 10 | 10
order
Order on Motion for Extension of Time to Answer
Tue 04/04 9:57 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting9 Motion for Extension of Time to Answer. Defendant's answer is now due on or before 5/8/2017. Signed by Magistrate Judge Jerome T. Kearney on 04/04/17. (kam) |
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| Monday, April 03, 2017 | ||
| 9 | 9
motion
Extension of Time to File Answer
Mon 04/03 3:27 PM
MOTION for Extension of Time to File Answer re2 Petition for Writ of Habeas Corpus by Wendy Kelley (Berger, Vada) |
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| Friday, March 31, 2017 | ||
| 8 | 8
notice
Consent Notice
Fri 03/31 2:11 PM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court to the parties. (lmc) |
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| Wednesday, March 29, 2017 | ||
| 7 | 7
notice
Notice of Appearance
Wed 03/29 3:05 PM
NOTICE of Appearance by Vada Berger on behalf of Wendy Kelley (Berger, Vada) |
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| Thursday, March 23, 2017 | ||
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utility
Notice of Docket Correction
Thu 03/23 8:55 AM
NOTICE OF DOCKET CORRECTION re6 Order. CORRECTION: The docket text was modified to include the text "The Respondent will file an answer, motion, or other response to the petition within 21 days after service of the petition, exclusive of the day of service" as stated in the Order.(jak) |
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| Wednesday, March 22, 2017 | ||
| 6 | 6
order
Order Directing Service (State Habeas)
Wed 03/22 3:34 PM
ORDER directing the Clerk of the Court to serve a copy of2 Petition for Writ of Habeas Corpus and this Order on the respondent and the Arkansas Attorney General by mail. Signed by Magistrate Judge Jerome T. Kearney on 03/22/2017. (rhm) |
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| Monday, March 06, 2017 | ||
| 5 | 5
misc
Filing Fee Received
Mon 03/06 3:50 PM
Filing fee received: $ 5.00, receipt number LIT060846. (fjg) |
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| Tuesday, February 28, 2017 | ||
| 4 | 4
notice
Notice (Other)
Tue 02/28 4:56 PM
NOTICE of Filing of Inmate Personal Withdrawal Request Form by Kiywuan Perry. (kdr) |
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| Tuesday, February 21, 2017 | ||
| 3 | 3
order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 02/21 1:09 PM
ORDER denying Petitioner's1 Motion for Leave to Proceed in forma pauperis; and directing Petitioner to submit the $5.00 statutory filing fee within 30 days of the entry-date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 02/21/2017. (rhm) |
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| Wednesday, February 15, 2017 | ||
| 2 | 2
cmp
Petition for Writ of Habeas Corpus
Wed 02/15 3:28 PM
PETITION for Writ of Habeas Corpus filed by Kiywuan Perry. (ljb) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Wed 02/15 3:26 PM
MOTION for Leave to Proceed in forma pauperis by Kiywuan Perry. (ljb) |
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