Riddle v. Kelly

Filing 5

ORDER Adopting 2 Recommended Disposition. The case is dismissed, without prejudice for lack of jurisdiction. Signed by Judge James M. Moody Jr. on 2/26/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SCOTTY WAYNE RIDDLE
ADC #154068
V.

PETITIONER

CASE NO. 5:18-CV-33-JM-BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has received a Recommended Disposition (“Recommendation”) from
Magistrate Judge Beth Deere. After careful consideration of the Recommendation and
Mr. Riddle’s timely objections, and after a de novo review of the record, the Court
concludes that the Recommendation should be, and hereby is, approved and adopted as
this Court’s findings in all respects. The cases cited by Petitioner do not support his
assertion that this petition is not a successive petition; his initial habeas petition was
dismissed on the determination that it was barred by the statute of limitation provisions of
28 U.S.C. §2244(d)(1)(A) and not because it was unripe. The case is DISMISSED,
without prejudice for lack of jurisdiction.
IT IS SO ORDERED, this 26th day of February, 2018.

________________________________
UNITED STATES DISTRICT JUDGE