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)
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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