Humes v. Rivera

Filing 28

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)

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 City, Arkansas

RESPONDENT

ORDER
The Court has received findings and a recommendation from United States
Magistrate Judge Patricia S. Harris. After a careful review of the findings and
recommendation, the timely objections received thereto, and a de novo review of the
record, the Court concludes that the findings and recommendation should be, and hereby
are, approved and adopted in their entirety as this Court’s findings in all respects. The
petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 filed by petitioner Charles
Humes is dismissed without prejudice so that he might petition the United States Court
of Appeals for the Sixth Circuit for permission to file a second or successive petition
under 28 U.S.C. 2255(h)(2) citing the United States Supreme Court’s decision in Johnson
v. United States, — U.S. —, 135 S.Ct. 2551, — L.E.3d — (2015). All requested relief is
denied, and judgment will be entered for respondent C.V. Rivera.
IT IS SO ORDERED this 20th day of November, 2015.

UNITED STATES DISTRICT JUDGE