Tarkington v. Kelley

Filing 10

ORDER approving and adopting in their entirety the 5 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing Petitioner's 2 cause of action; denying the requested relief; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 9/9/2016. (ljb) (Docket text modified on 9/9/2016 to correct a typographical error). (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION NICHOLAS TARKINGTON ADC #145954 v. PETITIONER No. 5:16CV00220-JLH-JJV WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Petitioner’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The denial of a first habeas petition on procedural default grounds constitutes disposition on the merits and renders a subsequent habeas petition “second or successive.” Moua v. Minnesota, Civil File No. 14-3158 (JRT/SER), 2014 WL 4659645 (D. Minn. Sept. 17, 2014). IT IS, THEREFORE, ORDERED that: 1. Petitioner’s cause of action is DISMISSED, and the requested relief is DENIED. 2. A certificate of appealability is DENIED. SO ORDERED this 9th day of September, 2016. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?