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)

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