Hamilton v. Payne et al

Filing 19

ORDER adopting 18 findings and recommendation in all respects; dismissing without prejudice the petition for writ of habeas corpus; denying all requested relief; entering judgment for Respondent; and denying a certificate of appealability. Signed by Judge Billy Roy Wilson on 6/5/2024. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION GREGORY L. HAMILTON v. PETITIONER NO. 4:23-cv-01007-BRW DEXTER PAYNE RESPONDENT ORDER I have received findings and a recommendation from Magistrate Judge Patricia S. Harris. No objections have been filed. After a careful, de novo review of the record, I approve and adopt the findings and recommendation in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Petitioner is dismissed without prejudice. All requested relief is denied, and judgment will be entered for Respondent. In accordance with Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is also denied because Hamilton cannot make a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. § 2253(c)(2). IT IS SO ORDERED this 5th day of June, 2024. Billy Roy Wilson__________________ UNITED STATES DISTRICT JUDGE

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