Cade v. Rivera, No. 2:2016cv00131 - Document 22 (E.D. Ark. 2017)

Court Description: ORDER adopting 18 the proposed findings and recommendations; dismissing without prejudice Cade's petition for a writ of habeas corpus for lack of subject matter jurisdiction, and denying the requested relief. Cade must petition the United States Court of Appeals for the Fifth Circuit for permission to file a successive petition under 28 U.S.C. 2255(h)(2). Signed by Chief Judge Brian S. Miller on 6/1/2017. (kdr)
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Cade v. Rivera Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION EDWARD EUGENE CADE v. PETITIONER CASE NO. 2:16-CV-00131 BSM C.V. RIVERA, Warden, FCC Forrest City, Arkansas RESPONDENT ORDER The proposed findings and recommendations [Doc. No. 18] from United States Magistrate Judge Patricia S. Harris have been received. Petitioner Edward Cade has filed his objections [Doc. No. 21]. Upon de novo review of the record, the proposed findings and recommendations are adopted in their entirety. Cade’s petition for a writ of habeas corpus is dismissed without prejudice for lack of subject matter jurisdiction, and the requested relief is denied. Cade must petition the United States Court of Appeals for the Fifth Circuit for permission to file a successive petition under 28 U.S.C. 2255(h)(2). IT IS SO ORDERED this 1st day of June 2017. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com