Hill v. Payne

Filing 5

ORDER adopting 3 Recommended Disposition's reasoning and conclusions that Mr. Hill's 28 U.S.C. § 2254 petition for a writ of habeas corpus should be dismissed without prejudice and that a certificate of appealability should be denied in this case; declining to adopt Judge Ray's 3 recommendation and conclusion that Mr. Hill should be restricted from filing future habeas actions in the Eastern District of Arkansas; dismissing without prejudice 2 amended petition for a writ of habeas corpus; and declining to issue a certificate of appealability. Signed by Chief Judge Kristine G. Baker on 3/6/2025. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JESSIE HILL
ADC #104136
v.

PETITIONER
Case No. 4:21-cv-00957-KGB

DEXTER PAYNE, Director of the Arkansas
Division of Correction, et al.

RESPONDENTS

ORDER
Before the Court are a Recommended Disposition (“Recommendation”) submitted by
United States Magistrate Judge J. Thomas Ray (Dkt. No. 3). Pro se petitioner Jessie Hill filed
objections to the Recommendation (Dkt. No. 4). After conducting a de novo review of the record,
the Court adopts the Recommendation’s reasoning and conclusions that: (1) Mr. Hill’s 28 U.S.C.
§ 2254 petition for a writ of habeas corpus should be dismissed without prejudice so that Mr. Hill
may seek authorization from the United States Court of Appeals for the Eighth Circuit to file a
successive habeas petition pursuant to 28 U.S.C. § 2244(b)(3)(A); and (2) that a certificate of
appealability should be denied in this case (Dkt. No. 3, at 6). However, the Court declines to adopt
Judge Ray’s recommendation and conclusion that Mr. Hill should be restricted from filing future
habeas actions in the Eastern District of Arkansas (Id.). Mr. Hill’s amended petition for a writ of
habeas corpus is dismissed without prejudice (Dkt. No. 2). The Court declines to issue a certificate
of appealability. Mr. Hill may still apply to the Eighth Circuit Court of Appeals for a certificate
of appealability. See 28 U.S.C. § 2253(c)(1)(B).
It is so ordered this 6th day of March, 2025.
________________________
Kristine G. Baker
Chief United States District Judge