Whitt v. Runion

Filing 38

ORDER adopting 31 findings and a recommendation in their entirety as this Court's findings in all respects; granting 20 motion to dismiss; denying 23 motion to object/suppress/strike; dismissing without prejudice Whitt's amended pe tition for writ of habeas corpus; denying all requested relief; entering judgment for Runion; denying a certificate of appealability; and denying 32 , 34 , 35 , 36 , 37 all remaining motions. Signed by Judge James M. Moody Jr. on 1/29/2025. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION GREGORY K. WHITT v. PETITIONER NO. 4:24-cv-00961-JM HOBE RUNION, Sebastian County Sheriff RESPONDENT ORDER The Court has received findings and a recommendation from Magistrate Judge Patricia S. Harris. After a careful review of the findings and recommendation, the timely objections received thereto (Doc. No. 36), and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The motion to dismiss filed by respondent Hobe Runion (“Runion”) is granted, see Docket Entry 20; the motion to object/suppress/strike filed by petitioner Gregory K. Whitt (“Whitt”) is denied, see Docket Entry 23; Whitt’s amended petition for writ of habeas corpus is dismissed without prejudice; and all requested relief is denied. Judgment will be entered for Runion. In accordance with Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is denied as Whitt cannot make a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. 2253(c)(2). All remaining motions (Doc. Nos. 32, 24-37) are denied. IT IS SO ORDERED this 29th day of January, 2025. __________________________________ UNITED STATES DISTRICT JUDGE

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