Dansby v. Norris

Filing 178

ORDER adopting 177 USCA Mandate. Petitioner Ray Dansby' s Second Amended Petition for Writ of Habeas Corpus 25 is DISMISSED. Signed by Honorable Susan O. Hickey on April 12, 2023.(mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
RAY DANSBY

PETITIONER

v.

Case No. 1:03-cv-1146

DEXTER PAYNE, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Before the Court is the Mandate of the Eighth Circuit Court of Appeals regarding Petitioner
Ray Dansby. ECF No. 177. After evaluating Petitioner’s appeal, the Eighth Circuit affirms the
District Court’s denial of relief regarding Petitioner’s conviction but reverses the District Court’s
grant of relief regarding Petitioner’s sentence. ECF No. 177-2, p. 18. The Eighth Circuit mandate
remanded this matter to this Court and directed the Court to dismiss Petitioner’s Second Amended
Petition for Writ of Habeas Corpus. Id.
Accordingly, pursuant to the Eighth Circuit Court of Appeals’ mandate (ECF No. 177),
Petitioner Ray Dansby’s Second 1 Amended Petition for Writ of Habeas Corpus (ECF No. 25) is
0F

hereby DISMISSED.
IT IS SO ORDERED, this 12th day of April, 2023.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

Petitioner’s Second Amended Petition (ECF No. 25) contains the substantive claims evaluated by the Eighth Circuit
and subject to the instant mandate. Petitioner’s subsequent Amended Petitions (ECF Nos. 114 and 142) contained the
same substantive claims that were evaluated by the Eighth Circuit. Accordingly, dismissal of the Second Amended
Petition functions as a dismissal of this matter.
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