Mason v. State Circuit Court of Arkansas

Filing 5

ORDER adopting the 3 Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Mr. Mason's pro se 1 petition for a writ of habeas corpus for failure to pay the filing fee or file an application to proceed in forma pauperis and for failure to comply with the Court's previous 2 Order; and declining to issue a certificate of appealability. Signed by Judge Kristine G. Baker on 8/22/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF RKANSAS WESTERN DIVISION TORIANDO MASON v. PETITIONER Case No. 4:17-cv-299 KGB/BD STATE CIRCUIT COURT OF ARKANSAS RESPONDENT ORDER Before the Court is the Recommended Disposition submitted by United States Magistrate Judge Beth Deere (Dkt. No. 3). Petitioner Toriando Mason has not filed any objection to the Recommended Disposition, and the time to file an objection has passed. After careful consideration, the Court concludes that the Recommended Disposition should be, and hereby is, adopted as this Court’s findings in all respects. Consequently, the Court dismisses without prejudice Mr. Mason’s pro se petition for a writ of habeas corpus for failure to pay the filing fee or file an application to proceed in forma pauperis and for failure to comply with this Court’s previous Order (Dkt. Nos. 1, 2). See Local Rule 5.5(c)(2). This Court declines to issue a certificate of appealability, as it finds that Mr. Mason has not made a substantial showing that he was denied a constitutional right. 28 U.S.C. § 2253(c)(1)(2). It is so ordered this the 22nd day of August, 2017. _____________________ Kristine G. Baker United States District Judge

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