Daughenbaugh v. Beasley

Filing 5

ORDER approving and adopting 3 Recommended Disposition in its entirety as this Court's findings in all respects; and dismissing without prejudice 1 Mr. Daughenbaugh's petition for writ of habeas corpus and the requested relief is denied. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 1/10/2018. (cmn) (Docket entry modified on 1/11/2018 to correct the file date)(jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
COLE JOHN
DAUGHENBAUGH

PETITIONER

v.

Case No. 2:17-cv-00088-KGB/JTR

G. BEASLEY, Warden

RESPONDENT
ORDER

The Court has received the Recommended Disposition submitted by United States
Magistrate Judge J. Thomas Ray (Dkt. No. 3). Plaintiff Cole John Daughenbaugh filed an untimely
objection to the Recommended Disposition (Dkt. No. 4). After careful consideration of the
Recommended Disposition, the Court concludes that the Recommended Disposition should be,
and hereby is, approved and adopted in its entirety as this Court’s findings in all respects (Dkt. No.
3). Even if this Court considers the untimely objection, Mr. Daughenbaugh presents no new record
evidence or legal argument in his objection. If the Court considers the untimely objection, along
with Judge Ray’s Recommended Disposition and the record as a whole, the Court concludes, like
Judge Ray, that it lacks subject matter jurisdiction under 28 U.S.C. § 2241 to consider Mr.
Daughenbaugh’s challenge to the sentence imposed by the United States District Court for the
Southern District of Iowa.
It is therefore ordered that:
1.

Mr. Daughenbaugh’s petition for writ of habeas corpus is dismissed

without prejudice, and the requested relief is denied (Dkt. No. 1).
2.

A certificate of appealability is denied.

So ordered this the 10th day of January, 2018.

________________________________
Kristine G. Baker
United States District Judge

2