Vaughn v. Kelley

Filing 13

ORDER partly sustaining Vaughn's 10 & 12 objections, and adopting 9 Recommendation as modified. The Court also grants as modified Kelley's overlapping motion on jurisdiction. Vaughn must get permission from the United States Court of Appeals for the Eighth Circuit before proceeding with this second petition. Going the transfer route (helpfully noted by Kelley) avoids the potential problems foreseen by Vaughn in his objections. The Court therefore transfers the 1 petition to the Court of Appeals. Signed by Judge D. P. Marshall Jr. on 6/15/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLIE VAUGHN
ADC #84104

v.

PETITIONER
No. 5:17-cv-87-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER

On de nova review, the Court partly sustains Vaughn's objections, NQ 10
& 12, and adopts the recommendation, NQ9, as modified. The Court also

grants as modified Kelley's overlapping motion on jurisdiction. Vaughn must
get permission from the United States Court of Appeals for the Eighth Circuit
before proceeding with this second petition.

Going the transfer route

(helpfully noted by Kelley) avoids the potential problems foreseen by Vaughn
in his objections. The Court therefore transfers the petition, NQ1, to the Court
of Appeals. 28 U.S.C. § 2244(b)(3)(A).
So Ordered.