Lauderdale v. Hobbs

Filing 27

ORDER directing the Respondent to file supplemental briefing. Briefing due by September 1, 2014. Petitioner shall respond if he desires by September 15, 2014. Signed by Magistrate Jerome T. Kearney on 8/11/2014. (jak) (Docket text modified on 8/11/2014 to correct the Judge's signature). (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KITAKA LAUDERDALE
ADC # 143067
Petitioner,
v.
RAY HOBBS, Director, Arkansas
Department of Correction
Respondent.

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Case No. 5:13-CV-00040 KGB-JTK

ORDER FOR SUPPLEMENTATION
Petitioner’s October 28, 2013 reply included several exhibits that seem to demonstrate
repeated attempts to appeal the Rule 37 decision. (Doc. No. 18). However, Respondent has not
acknowledged those exhibits or responded to Petitioner’s arguments regarding the statute of
limitations. The Court hereby orders Respondent to file supplemental briefing on the matter.
If possible, this briefing should explain what happened and whether the lack of an appeal
was due to state error. It should also discuss what the implications of state error would be on the
statute of limitations and procedural default. Respondent’s briefing should also discuss whether
Petitioner was required to present his claims to the Arkansas Supreme Court under O'Sullivan v.
Boerckel, 526 U.S. 838 (1999), and Parmley v. Norris, 586 F.3d 1066 (8th Cir. 2009) in order to
fully exhaust his claims on direct review. Finally, Respondent should address the merits of
Petitioner’s claims. Respondent’s briefing shall be submitted by September 1, 2014. Petitioner
shall respond if he desires by September 15, 2014.
SO ORDERED this 11th day of August, 2014.

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United States Magistrate Judge