Cade v. Rivera

Filing 22

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)

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