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)

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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

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