Robinson v. Ashley County Sheriff's Department et al

Filing 21

ORDER granting 20 Motion to Alter Judgment. Petitioner's Petition for Writ of Habeas Corpus 1 is DISMISSED WITH PREJUDICE. Signed by Honorable Susan O. Hickey on July 9, 2024.(mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROBERT EARL ROBINSON v. PETITIONER Case No. 1:23-cv-1096 DEXTER PAYNE, Director of the Arkansas Division of Correction DEFENDANT ORDER Before the Court is Defendant’s Motion to Alter Judgment pursuant to Federal Rule of Civil Procedure 59(e). ECF No. 20. The Court previously adopted a Report and Recommendation and dismissed petitioner’s Petition for Writ of Habeas Corpus. ECF No. 19. In the instant motion, Defendant argues that the Court’s order incorrectly dismissed the petition without prejudice. Defendant notes that the dismissal resulted from Petitioner failing to exhaust the required state remedies and contends that such a dismissal is equivalent to a determination on the merits. Upon review, the Court finds that Defendant has shown good cause for the instant motion. Petitioner’s petition was dismissed because his claims were procedurally defaulted. See Walker v. Lockhart, 852 F.2d 379, 381 (8th Cir. 1988), cert. denied, 489 U.S. 1088 (1989). Dismissal for such procedural default functions as a final determination on the merits. See Caton v. Clarke, 70 F.3d 64, 65 (8th Cir.1995) (per curiam), cert. denied, 517 U.S. 1173 (1996). Accordingly, Defendant’s Motion to Alter Judgment (ECF No. 20) is hereby GRANTED. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) is hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 9th day of June, 2024. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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