Pennington v. Kelley et al, No. 5:2019cv00067 - Document 37 (E.D. Ark. 2019)
Court Description: ORDER adopting 34 Proposed Findings and Recommendations; denying and dismissing with prejudice 2 Petition for Writ of Habeas Corpus; denying as moot 11 Motion to Amend Petition for Writ of Habeas Corpus; denying as moot 13 Motion for Copies; denying as moot 14 Motion to Dismiss all Charges and Stop Prosecution of Petitioner; denying as moot 17 Motion to Appoint Counsel; denying as moot 18 Motion for Discovery; denying as moot 26 Motion for Federal Bureau of Investigation; denying as moot 33 Motion to Submit Information and Correct the Record; dismissing with prejudice any claims against Jeremy Andrews, Warden, East Arkansas Regional Unit; and denying a Certificate of Appealability. Signed by Judge Susan Webber Wright on 8/28/2019. (jbh)
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Pennington v. Kelley et al Doc. 37 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FREDERICK PENNINGTON, JR. ADC #071305 V. PETITIONER NO. 5:19-CV-00067-SWW-JTK WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommendations (“Recommendations”) submitted by United States Magistrate Judge Jerome T. Kearney and the objections filed thereto. After careful consideration, including a de novo review of the record, the Court concludes that the Recommendations should be, and hereby are, approved and adopted in their entirety as this Court=s findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED THAT: Petitioner’s Petition for Writ of Habeas Corpus (DE # 2) is DENIED and DISMISSED with prejudice. Furthermore, Petitioner’s Motion to Amend Petition for Writ of Habeas Corpus (DE # 11), Motion for Copies (DE # 13), Motion to Dismiss all Charges and Stop Prosecution of Petitioner (DE # 14), Motion to Appoint Counsel (DE # 17), Motion for Discovery (DE # 18), Motion for Federal Bureau of Investigation (DE # 26), and Dockets.Justia.com Motion to Submit Information and Correct the Record (DE # 33) are DENIED as moot. Finally, any claims against Jeremy Andrews, Warden, East Arkansas Regional Unit, are DISMISSED with prejudice. A Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. IT IS SO ORDERED this 28th day of August, 2019. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2
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