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)
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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