Fields v. Kelly

Filing 5

ORDER adopting 2 Recommended Disposition; dismissing without prejudice 1 petition for a writ of habeas corpus; denying as moot 3 request for production of documents; and declining to issue a certificate of appealability. Signed by Judge Kristine G. Baker on 10/13/2020. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARCUS FIELDS, ADC #150118
v.

PETITIONER

Case No. 5:18-cv-00077-KGB

WENDY KELLEY

RESPONDENT
ORDER

Before the Court is the Recommended Disposition submitted by United States Magistrate
Judge Beth Deere (Dkt. No. 2). Petitioner Marcus Fields has filed an objection to Judge Deere’s
Recommended Disposition (Dkt. No. 4). After careful review of the Recommended Disposition
and Mr. Fields’ objection thereto, and a de novo review of the record, the Court adopts the
Recommended Disposition in its entirety as this Court’s findings of fact and conclusions of law.
The Court dismisses without prejudice Mr. Fields’ petition for a writ of habeas corpus (Dkt. No.
1). The Court also denies as moot Mr. Fields’ request for production of documents (Dkt. No. 3).
Finally, the Court declines to issue a certificate of appealability. Mr. Fields may still apply to the
Eighth Circuit for a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B).
It is so ordered this 13th day of October, 2020.

_________________________________
Kristine G. Baker
United States District Judge