Rosenschein v. Arkansas, State of

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
GUY ROSENSCHEIN 	PETITIONER
V. 	CASE NO. 5:25-CV-5002
TIM GRIFFIN, IN HIS OFFICIAL CAPACITY
AS ATTORNEY GENERAL OF ARKANSAS
and THE WARDEN OF FCI-TEXARKANA 	RESPONDENTS
ORDER
On February 9, 2026, the Honorable Christy Comstock, United States Magistrate
Judge for the Western District of Arkansas, filed a Report and Recommendation (“R&R”)
(Doc. 20) that explained why Petitioner Guy Rosenschein’s Amended § 2254 Petition for
Writ of Habeas Corpus (Doc. 10) should be dismissed. On March 2, 2026, Mr.
Rosenschein filed an Objection (Doc. 22) to the R&R. On March 4, he filed an Addendum
to the Objection (Doc. 23). And on March 17, he filed a Supplement to the Objection (Doc.
25). The Court has reviewed the entire case file de novo and is prepared to rule.
The Amended Petition raises two arguments: (1) the violation of Mr. Rosenschein’s
right to a speedy trial, and (2) the expiration of the applicable statute of limitations. The
R&R explains why Mr. Rosenschein’s knowing and voluntary guilty plea forecloses both
arguments, and why—even if they had not been waived by the guilty plea—both
arguments fail on the merits. Critically, Mr. Rosenschein’s Objection admits that he
knowingly and voluntarily pleaded guilty to the crime he was charged with—though he did
so, “reluctantly.” (Doc. 22, p. 4). He further admits that he was arrested and arraigned on
in July 2024, the matter was set for trial in August 2024, and he pleaded guilty shortly
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after that. See Doc. 23, p. 1. There was no speedy trial violation. He does not address
the Magistrate Judge’s reasoning as to the statute of limitations argument.
IT IS THEREFORE ORDERED that the Objection is OVERRULED, and the R&R
is ADOPTED IN ITS ENTIRETY. The Amended § 2254 Petition for Writ of Habeas Corpus
(Doc. 10) is DENIED.
IT IS SO ORDERED on this 19th day of March, 2026.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
CHIEF UNITED STATES DISTRICT JUDGE
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