Johnson v. Norris

Filing 8

ORDER adopting 5 Recommended Disposition in its entirety; therefore, 4 Motion for Leave to File Habeas Petition is denied; the petition for writ of habeas corpus is also denied and this proceeding is dismissed; judgment will be entered for Respondent Larry Norris. Signed by Judge Susan Webber Wright on 6/9/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEDRON L. JOHNSON PETITIONER v. NO. 5:09CV00113 SWW LARRY NORRIS, Director of the Arkansas Department of Correction RESPONDENT ORDER The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, 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 for leave to tender the habeas corpus petition filed by petitioner Kedron L. Johnson is denied. His petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 is also denied, and this proceeding is dismissed. Because his petition is a second or successive petition pursuant to 28 U.S.C. 2254, he must obtain the approval of the appropriate Court of Appeals before his petition may be filed. Judgment will be entered for respondent Larry Norris. IT IS SO ORDERED this 9th day of June, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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