Humes v. Rivera, No. 2:2015cv00109 - Document 28 (E.D. Ark. 2015)
Court Description: ORDER adopting 24 Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice 1 petition. Signed by Judge J. Leon Holmes on 11/20/2015. (ks)(Docket text modified on 11/20/2015 to correct a typographical error). (jak)
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Humes v. Rivera Doc. 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHARLES HUMES v. PETITIONER NO. 2:15-cv-00109 JLH C.V. RIVERA, Warden, F.C.I. Forrest Cit y, Arkansas RESPONDENT ORDER The Court has received findings and a recommendat ion from Unit ed St at es Magist rat e Judge Pat ricia S. Harris. Aft er a careful review of t he findings and recommendat ion, t he t imely obj ect ions received t heret o, and a de novo review of t he record, t he Court concludes t hat t he findings and recommendat ion should be, and hereby are, approved and adopt ed in t heir ent iret y as t his Court ’ s findings in all respect s. The pet it ion for writ of habeas corpus pursuant t o 28 U.S.C. 2241 filed by pet it ioner Charles Humes is dismissed wit hout prej udice so t hat he might pet it ion t he Unit ed St at es Court of Appeals for t he Sixt h Circuit for permission t o file a second or successive pet it ion under 28 U.S.C. 2255(h)(2) cit ing t he Unit ed St at es Supreme Court ’ s decision in Johnson v. Unit ed St at es, — U.S. — 135 S.Ct . 2551, — L.E.3d — (2015). All request ed relief is , denied, and j udgment will be ent ered for respondent C.V. Rivera. IT IS SO ORDERED t his 20t h day of November, 2015. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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