Abram v. Allen et al

Filing 12

JUDGMENT re 11 Order, Abram's petition for a writ of habeas corpus is dismissed with prejudice. The 10 Petition is dismissed with prejudice on the non jurisdiction and voluntariness points and otherwise dismissed without prejudice. A certificate of appealability will issue on the jurisdictional defect. Signed by Judge D. P. Marshall Jr. on 6/19/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION STACY S. ABRAM, IV v. PETITIONER No. 3:13-cv-212-DPM MIKE ALLEN, Sheriff, Crittenden County, Arkansas; STATE OF ARKANSAS; and RAY HOBBS, Director, Arkansas Department of Correction RESPONDENTS JUDGMENT Abram's petition for a writ of habeas corpus is dismissed with prejudice. His emergency petition is dismissed with prejudice on the nojurisdiction and voluntariness points, see N2 11, and otherwise dismissed without prejudice. A certificate of appealability will issue on the jurisdictional defect. The point is novel. If the Court is mistaken about the limitation bar, then Abram has made a substantial showing that his constitutional rights were violated when the circuit court sentenced him in February 2012, and in the related revocation proceedings in 2013 and 2014. 28 U.S.C. ยง 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336-37 (2003). D.P. Ma~shall Jr. (/ United States District Judge

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