May v. Jackson

Filing 48

ORDER approving and adopting 39 proposed findings and recommendations; denying 46 motion for certificate of appealability; finding as moot 40 motion for extension of time to file objections; denying 42 , 43 , 44 , 45 motion for reconsideration, motions to renew, and motion for hearing; and dismissing, with prejudice, 2 petition for writ of habeas corpus. Signed by Judge James M. Moody Jr. on 1/7/2025. (ldb)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
PARNELL R MAY
ADC #153557
V.

PETITIONER
CASE NO. 4:23-cv-00350-JM

DEXTER PAYNE

RESPONDENT
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. After careful review of the findings and recommendations
and the timely objections thereto, as well as a de novo review of the record, the Court concludes
that the findings and recommendations should be, and are hereby, approved and adopted as this
Court’s findings in their entirety.
The Court will not issue a certificate of appealability because Petitioner has not made a
substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). Because the
Court will not issue a certificate of appealability, it certifies that an appeal in forma pauperis would
not be taken in good faith. Fed. R. App. P. 24(a)(3)(A). Petitioner’s motion for certificate of
appealability (ECF No. 46) is DENIED.
Petitioner’s motion for extension of time to file objections (ECF No. 40) is MOOT and his
motion for reconsideration, motions to renew, and motion for hearing (ECF Nos. 42, 43, 44, 45)
are DENIED. The petition for writ of habeas corpus (ECF No. 2) is DISMISSED with prejudice.
IT IS SO ORDERED this 7th day of January, 2025.
__________________________________
UNITED STATES DISTRICT JUDGE