Harmon v. Payne

Filing 17

ORDER adopting 15 Recommended Disposition in its entirety as this Court's findings in all respects; granting 10 motion to dismiss; dismissing without prejudice 5 amended 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)

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THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION HENRY A. HARMON ADC #103609 v. PETITIONER Case No. 4:24-cv-00373-KGB DEXTER PAYNE, Director, Arkansas Division of Correction RESPONDENT ORDER Before the Court are a Recommended Disposition (“Recommendation”) submitted by United States Magistrate Judge Patricia S. Harris (Dkt. No. 15) and a motion to dismiss filed by respondent Dexter Payne (Dkt. No. 10). Petitioner Henry A. Harmon filed objections to the Recommendation (Dkt. No. 16). 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 grants the motion to dismiss (Dkt. No. 10). Mr. Harmon’s amended petition for a writ of habeas corpus is dismissed without prejudice (Dkt. No. 5). The Court declines to issue a certificate of appealability. Mr. Harmon 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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