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)
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
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