McClinton v. Payne

Filing 6

ORDER adopting 4 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; denying as moot 3 motion for default; dismissing without prejudice 1 petition for a writ of habeas corpus; and declining to issue a certificate of appealability. Signed by Chief Judge Kristine G. Baker on 1/29/2025. (jbh)

Download PDF
THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION EDMOND MCCLINTON ADC #107846 v. PLAINTIFF Case No. 4:24-cv-00095-KGB DEXTER PAYNE, Director, Arkansas Division of Correction DEFENDANT ORDER Before the Court are the Proposed Findings and Recommended Disposition (“Recommendation”) submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 4) and a motion for default judgment (Dkt. No. 3). Plaintiff Edmond McClinton filed objections to the Recommendation (Dkt. No. 5). After conducting a de novo review of the record, the Court adopts the Recommendation in its entirety as this Court’s findings in all respects. For the reasons stated in the Recommendation, the Court denies as moot the motion for default (Dkt. No. 3). Mr. McClinton’s petition for a writ of habeas corpus is dismissed without prejudice (Dkt. No. 1). The Court declines to issue a certificate of appealability. Mr. McClinton 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 29th day of January, 2025. ________________________ Kristine G. Baker Chief United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?