Irvin v. USA et al

Filing 26

ORDER adopting 19 Recommendation and overruling Irvin's objections. Irvin's petition will be dismissed without prejudice. His pending motions, 9 , 20 , and 24 are denied as moot. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 7/5/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JERMAINE DUANE IRVIN
Reg. #45966-177
v.

PETITIONER

No. 2:17-cv-13-DPM

GENE BEASLEY, Warden,
FCI Forrest City*

RESPONDENT

ORDER
On de nova review, the Court adopts the recommendation, Ng 19, and
overrules Irvin's objections, Ng 21-23 & 25. FED. R. CIV. P. 72(b)(3). Irvin's
petition will be dismissed without prejudice. His pending motions, Ng 9, 20
& 24, are denied as moot. No certificate of appealability will issue. 28 U.S.C.
§ 2253(c)(l)-(2).

So Ordered.

D. P. Marshall Jr. 11
United States District Judge
s ~ ~0 1 -r

*
Beasley has replaced C.V. Rivera as Warden of FCI Forrest City. The

Court directs the Clerk to amend the docket accordingly.