Elliott v. Payne
| Arkansas Eastern District Court | |
| Judge: | James M Moody Jr |
| Referred: | Patricia S Harris |
| Case #: | 4:22-cv-00947 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Sep 29, 2022 |
| Terminated: | Apr 25, 2023 |
Defendant
Dexter Payne
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Plaintiff
Matthew Ryan Elliott
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GPO
Apr 11 2023
FINDINGS AND RECOMMENDATION recommending all requested relief be denied; judgment be entered for Payne; and a certificate of appealability also be denied. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 04/11/2023. (llg) |
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GPO
Apr 25 2023
ORDER approving and adopting, in their entirety, 15 findings and recommendation as this Court's findings in all respects; dismissing the petition for writ of habeas corpus; denying all requested relief; entering judgment for respondent Dexter Payne; and denying a certificate of appealability. Signed by Judge James M. Moody Jr. on 04/25/2023. (llg) |
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GPO
Apr 25 2023
JUDGMENT: Pursuant to 20 Order entered this day, judgment is entered for respondent Dexter Payne. Signed by Judge James M. Moody Jr. on 04/25/2023. (llg) |
| Docket last updated: 04/23/2024 11:59 PM CDT |
| Tuesday, September 19, 2023 | ||
| 33 | 33
appeal
USCA Mandate
Tue 09/19 2:15 PM
MANDATE of USCA in accordance with the judgment of 8/9/2023 as to22 Notice of Appeal filed by Matthew Ryan Elliott. (jbh) |
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| Tuesday, September 12, 2023 | ||
| 32 | 32
appeal
USCA Order
Tue 09/12 9:13 AM
ORDER of USCA as to22 Notice of Appeal filed by Matthew Ryan Elliott: The petition for rehearing by the panel is denied. (jbh) |
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| Wednesday, August 09, 2023 | ||
| 31 | 31
appeal
USCA Judgment
Wed 08/09 1:03 PM
USCA JUDGMENT as to22 Notice of Appeal filed by Matthew Ryan Elliott: The application for a certificate of appealability is denied. The motions to proceed on appeal in forma pauperis are denied as moot. The appeal is dismissed. (jbh) |
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| Friday, May 12, 2023 | ||
| 30 | 30
appeal
USCA Order
Fri 05/12 10:40 AM
ORDER of USCA as to22 Notice of Appeal filed by Matthew Ryan Elliott: 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. (jbh) |
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| 29 | 29
appeal
USCA Order
Fri 05/12 10:27 AM
ORDER of USCA as to22 Notice of Appeal filed by Matthew Ryan Elliott: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 6/9/2023, this appeal may be dismissed for failure to prosecute without further notice. (jbh) |
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| 28 | 28
appeal
USCA Docketing Letter
Fri 05/12 10:15 AM
USCA Docketing Letter as to22 Notice of Appeal filed by Matthew Ryan Elliott. USCA Case Number 23-2178 (jbh) |
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| Thursday, May 11, 2023 | ||
| 27 | 27
appeal
Notification of Appeal and NOA Supplement
Thu 05/11 2:12 PM
NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to22 Notice of Appeal re20 Order,21 Judgment. (jbh) |
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| 26 | 26
2
pgs
order
Order ~Util - Terminate Motions
Thu 05/11 2:05 PM
ORDER denying motions24 to proceed in forma pauperis on appeal, 23 for appointment of counsel, and25 for the issuance of a certificate of appealability. Signed by Judge James M. Moody Jr. on 5/11/2023. (jbh) |
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| Wednesday, May 10, 2023 | ||
| 25 | 25
motion
Certificate of Appealability
Wed 05/10 4:26 PM
MOTION for Certificate of Appealability by Matthew Ryan Elliott. (jbh) |
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| 24 | 24
motion
Appeal In Forma Pauperis
Wed 05/10 4:25 PM
MOTION for Leave to Appeal in forma pauperis by Matthew Ryan Elliott. (jbh) |
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| 23 | 23
motion
Appoint Counsel
Wed 05/10 4:24 PM
MOTION to Appoint Counsel by Matthew Ryan Elliott. (No separate document filed; see docket entry22 .) (jbh) |
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| 22 | 22
appeal
Notice of Appeal
Wed 05/10 4:22 PM
NOTICE OF APPEAL as to20 Order,21 Judgment by Matthew Ryan Elliott. (jbh) |
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| Tuesday, April 25, 2023 | ||
| 21 | 21
order
Judgment
Tue 04/25 1:25 PM
JUDGMENT: Pursuant to20 Order entered this day, judgment is entered for respondent Dexter Payne. Signed by Judge James M. Moody Jr. on 04/25/2023. (llg) |
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| 20 | 20
2
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations
Tue 04/25 1:22 PM
ORDER approving and adopting, in their entirety,15 findings and recommendation as this Court's findings in all respects; dismissing the petition for writ of habeas corpus; denying all requested relief; entering judgment for respondent Dexter Payne; and denying a certificate of appealability. Signed by Judge James M. Moody Jr. on 04/25/2023. (llg) |
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| Monday, April 24, 2023 | ||
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utility
Notice of Docket Correction
Mon 04/24 3:04 PM
NOTICE OF DELAYED MAILING. The Clerk's office mailed copies of 17 Order to Matthew Ryan Elliott, ADC #117493, CUMMINS UNIT, Arkansas Division of Correction, Post Office Box 500, Grady, AR 71644-0500, today pursuant to the attached Administrative Order. (cmn) |
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| Wednesday, April 19, 2023 | ||
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respoth
Objection to Report and Recommendations
Wed 04/19 12:57 PM
PETITIONER'S OBJECTION to15 Findings and Recommendation by Matthew Ryan Elliott. (llg) |
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| Tuesday, April 18, 2023 | ||
| 17 | 17
order
Order on Motion for Order
Tue 04/18 11:02 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting16 Motion for Status Update. A Recommended Disposition was entered on April 11, 2023. Objections are due on or before April 25, 2023. Signed by Judge James M. Moody Jr. on 4/18/2023. (amr) |
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| Monday, April 17, 2023 | ||
| 16 | 16
1
pgs
motion
Order
Tue 04/18 9:53 AM
MOTION for Status Update by Matthew Ryan Elliott. (ldb) |
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| Tuesday, April 11, 2023 | ||
| 15 | 15
motion
Report and Recommendations
Tue 04/11 10:28 AM
FINDINGS AND RECOMMENDATION recommending all requested relief be denied; judgment be entered for Payne; and a certificate of appealability also be denied. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 04/11/2023. (llg) |
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| Friday, January 13, 2023 | ||
| 14 | 14
order
Order on Motion for Order
Fri 01/13 10:26 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying13 Motion for Order. Petitioner Matthew Ryan Elliott has submitted a letter that the Clerk of the Court has filed as a motion for status update. In the motion, petitioner seeks confirmation that his reply brief in this case has been filed. His reply brief has indeed been filed. See Docket Entry 12. His motion for status update is denied as moot. Signed by Magistrate Judge Patricia S. Harris on 01/13/2023. (jfc) |
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| Monday, January 09, 2023 | ||
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1
pgs
motion
Order
Tue 01/10 4:43 PM
MOTION for Status Update by Matthew Ryan Elliott. (kdr) |
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| Friday, December 30, 2022 | ||
| 12 | 12
respoth
Reply (Non Motion)
Fri 12/30 4:03 PM
REPLY to11 Response to Habeas Petition, by Matthew Ryan Elliott. (kdr) |
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| Friday, December 16, 2022 | ||
| 11 | 11
answer
Response to Habeas Petition
Fri 12/16 3:41 PM
RESPONSE to2 Petition for Writ of Habeas Corpus by Dexter Payne.(Luebke, Joseph) |
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Att: 1
Exhibit Index,
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Att: 2
Exhibit A1- Excerpts,
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Att: 3
Exhibit A2- Excerpts,
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Att: 4
Exhibit A3- Excerpts,
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Att: 5
Exhibit B- Direct Appeal Appellants Brief,
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Att: 6
Exhibit C- Direct Appeal Appellees Brief,
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Att: 7
Exhibit D- Direct Appeal Appellants Reply Brief,
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Att: 8
Exhibit E- Mandate,
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Att: 9
Exhibit F- Rule 37 Record,
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Att: 10
Exhibit G- Rule 37 Appellants Brief,
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Att: 11
Exhibit H- Rule 37 Appellees Brief,
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Att: 12
Exhibit I- Rule 37 Appellants Reply Brief
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| Thursday, November 10, 2022 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply
Thu 11/10 2:10 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting9 Motion for Extension of Time to File Response/Reply. Respondent Dexter Payne has filed the pending motion for extension of time. For good cause shown, the motion is granted. Respondent is given up, and including, December 16, 2022, to file an answer, motion, or other response to the petition for writ of habeas corpus filed by petitioner Matthew Ryan Elliott. Signed by Magistrate Judge Patricia S. Harris on 11/10/2022. (jfc) |
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| Wednesday, November 09, 2022 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply
Wed 11/09 11:59 AM
MOTION for Extension of Time to File Response/Reply as to2 Petition for Writ of Habeas Corpus by Dexter Payne (Luebke, Joseph) |
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| Tuesday, November 08, 2022 | ||
| 8 | 8
notice
Notice of Appearance
Tue 11/08 2:52 PM
NOTICE of Appearance by Joseph Karl Luebke on behalf of Dexter Payne (Luebke, Joseph) |
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| Friday, October 21, 2022 | ||
| 7 | 7
3
pgs
order
Order Directing Service (State Habeas)
Fri 10/21 11:32 AM
ORDER directing the Clerk of the Court to serve, by regular mail, a copy of2 Elliott's Petition for Writ of Habeas Corpus and this Order on respondent Dexter Payne and the Attorney General for the State of Arkansas; and directing the Respondent to file an answer, motion, or other response to Elliott's petition within 21 days after service of the petition, exclusive of the day of service. Signed by Magistrate Judge Patricia S. Harris on 10/21/2022. (llg) |
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| Tuesday, October 18, 2022 | ||
| 6 | 6
misc
Filing Fee Received
Tue 10/18 10:56 AM
Filing fee: $ 5, receipt number LIT088673. (kth) |
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| Tuesday, October 04, 2022 | ||
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3
pgs
order
Order on Motion to Appoint Counsel Order on Motion for Leave to Proceed In Forma Pauperis
Tue 10/04 1:53 PM
ORDER denying1 Motion for Leave to Proceed in forma pauperis; giving Elliott up to, and including, 11/4/2022, to pay the five dollar filing fee; and denying3 Motion to Appoint Counsel. Signed by Magistrate Judge Patricia S. Harris on 10/4/2022. (ldb) |
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| Monday, October 03, 2022 | ||
| 4 | 4
1
pgs
order
Order Reassigning Case
Mon 10/03 9:06 AM
ORDER: I must recuse from this case. The Clerk of the Court is directed to randomly reassign this case to another magistrate judge. Signed by Magistrate Judge Edie R. Ervin on 10/3/2022. (jbh) |
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misc
Notice of Reassignment
Mon 10/03 9:24 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on4 Order, the Clerk's office has reassigned the referral Magistrate Judge in this case to Magistrate Judge Patricia S. Harris. (jak) |
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| Thursday, September 29, 2022 | ||
| 3 | 3
motion
Appoint Counsel
Fri 09/30 10:10 AM
MOTION to Appoint Counsel by Matthew Ryan Elliott. (ldb) |
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| 2 | 2
cmp
Petition for Writ of Habeas Corpus
Fri 09/30 10:08 AM
PETITION for Writ of Habeas Corpus, filed by Matthew Ryan Elliott. (ldb) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Fri 09/30 10:02 AM
MOTION for Leave to Proceed in forma pauperis by Matthew Ryan Elliott. (ldb) |
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