Cagle v. Arkansas Supreme Court

Filing 3

ORDER approving and adopting #2 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; denying without prejudice #1 2254 habeas petition; dismissing without prejudice this case; and denying a Certificate of Appealability. Signed by Judge Lee P. Rudofsky on 01/06/2021. (ajt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CODY LANE CAGLE
ADC #175719
v.

PETITIONER

Case No. 4:20-cv-01335-LPR-JTK

DEXTER PAYNE
Director, ADC

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Jerome T. Kearney. (Doc. 2). No objections have been filed.
After careful consideration of the Proposed Findings and Recommended Disposition, as well as a
de novo review of the record, the Court concludes that the Proposed Findings and Recommended
Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s findings
in all respects.
IT IS THEREFORE ORDERED that:
1.

Petitioner Cody Lane Cagle’s § 2254 habeas petition (Doc. 1) is DENIED

WITHOUT PREJUDICE and this case is DISMISSED WITHOUT PREJUDICE; and
2.

a Certificate of Appealability is DENIED. See 28 U.S.C. § 2253(c)(1)-(2); Rule

11(a), Rules Governing § 2254 Cases in United States District Courts.
IT IS SO ORDERED this 6th day of January 2021.

________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE