Gordon v. Payne

Filing 4

ORDER adopting 3 Recommended Disposition in its entirety as this Court's findings of fact and conclusions of law; dismissing without prejudice 2 petition for a writ of habeas corpus; denying 1 motion to proceed in forma pauperis as moot; and denying a certificate of appealability. Signed by Judge Kristine G. Baker on 1/17/2023. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ANTHONY GORDON
ADC #176469
v.

PETITIONER
Case No. 4:21-cv-00963-KGB

DEXTER PAYNE, Director,
Arkansas Division of Correction

RESPONDENT
ORDER

Before the Court is a Recommended Disposition submitted by United States Magistrate
Judge Edie Ervin (Dkt. No. 3). Petitioner Anthony Gordon has not filed any objections, and the
time for filing objections has passed. After careful consideration, the Court adopts the
Recommended Disposition in its entirety as this Court’s findings of fact and conclusions of law.
The Court dismisses without prejudice Mr. Gordon’s petition for a writ of habeas corpus (Dkt. No.
2). The relief requested is denied. Mr. Gordon’s motion to proceed in forma pauperis is denied
as moot (Dkt. No. 1). Mr. Gordon has not made a substantial showing of the denial of a
constitutional right under 28 U.S.C. § 2253(c)(1)-(2), and the Court denies a certificate of
appealability.
It is so ordered this 17th day of January, 2023.
_______________________________
Kristine G. Baker
United States District Judge