No. 25-5767

Robert Draft v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2025-09-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court district-court habeas-corpus legal-merit procedural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Did the United States District Court err in ruling that Mr. Draft's petition for writ of Habeas Corpus was untimely, and did the Circuit Court of Appeals err in denying a Certificate of Appealability and refusing to address the merits of his appeal?

Question Presented (OCR Extract)

1) Did the United States District Court error in ruling that Mr. Draft ’s petition for writ of Habeas Corpus was untimely? 2) Did the United States District Court error in denying Mr. Draft a Certificate of Appealability? 3) Did the Circuit Court of Appeals error in denying to issue Mr. Draft a certificate of Appealability? 4) Did the Circuit Court of Appeals error in refusing to address the merits of Mr. Draft ’s appeal because he could not pay for their time or purchase their attention. II__

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-14
Waiver of Dexter Payne of right to respond submitted.
2025-10-14
Waiver of right of respondent Dexter Payne to respond filed.
2025-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2025)

Attorneys

Dexter Payne
Autumn Hamit PattersonOffice of the Arkansas Attorney General, Respondent
Robert Draft
Robert Draft — Petitioner