Legal Opinion

Biddle v. Payne

District Court, E.D. Arkansas

Decided August 21, 2020No. 4:18-cv-00623Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOSEPH THOMAS BIDDLE PETITIONER V. CASE NO. 4:18-CV-623-BD DEXTER PAYNE, Director, Arkansas Department of Correction RESPONDENT ORDER I. Background: In August 2018, Joseph Thomas Biddle filed this pro se petition for writ of habeas corpus. (Doc. No. 1) In the petition, Mr. Biddle stated that he was in jail in Miller County, Arkansas after being arrested. The Court dismissed the petition, without prejudice, for lack of jurisdiction because Mr. Biddle was a detainee and not “in custody” pursuant to a state court…

2Cases cited8 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. McQuiggin v. PerkinsSupreme Court of the United States · 2013
  4. Holland v. FloridaSupreme Court of the United States · 2010
  5. Melvin Shoemate v. Larry Norris, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 2004

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