Clemons v. Hobbs

Filing 35

ORDER directing Defendant to file a complete set of the record and briefs related to the appellate case No. CR09-1182 decided at 2010 Ark. 337, 369 S.W. 3d 710 by 5 September 2014. Signed by Judge D. P. Marshall Jr. on 8/26/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES E. CLEMONS
ADC# 78567
v.

PETITIONER

No. 5:12-cv-176-DPM-JJV

RAY HOBBS, Director, Arkansas
Department of Correction

RESPONDENT

ORDER
1. Clemons has moved the Court to order the Department of Justice to
investigate the circuit clerk of Union County's actions in handling Clemons's
2013 state petition for habeas corpus, a related motion for reconsideration,
and preparation of the record on appeal about those matters. NQ 34. The
Court denies the motion for two reasons. First, how the clerk may have
handled these filings presents issues beyond those raised in Clemons's § 2254
petition pending here. It is too late in this case to expand the issues. Second,
Clemons cites no authority for this Court to order a DOJ investigation in the
circumstances presented. This Court declines to take this extraordinary step
given the uncertainty about its power to do so.
2. The Court has been delayed in considering Clemons's petition by the
press of other business. The Court regrets the delay and is now working on

this case. Some but not all of the record in Clemons's direct appeal has been
filed here. That was appellate case No. CR09-1182, decided at 2010 Ark. 337,
369 S.W. 3d 710. The Court would appreciate a complete copy of that record
from Hobbs.

It may be filed conventionally if Hobbs doesn't have an

electronic copy. A complete set of the related briefs would also be helpful.
Record and briefs due by 5 September 2014.
So Ordered.

D.P. Marshall Jr.{/
United States District Judge