Jones v. Kelley

Filing 14

ORDER ADOPTING 12 Report and Recommendations, further granting 10 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable P. K. Holmes, III on May 5, 2017. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JOE McKINLEY JONES, JR. v. PETITIONER No. 2:17-CV-2043 WENDY KELLY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received a report and recommendations (Doc. 12) from United States Magistrate Judge Mark E. Ford, and timely objections (Doc. 13) from Petitioner Joe McKinley Jones, Jr. The Magistrate recommends that Respondent’s motion to dismiss (Doc. 10) be granted because the Court lacks jurisdiction to hear Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The Magistrate presents that the pending petition is barred as a second or successive petition under 28 U.S.C. § 2244(b). Upon due consideration, the Court finds that Petitioner’s objections offer neither law nor fact requiring departure from the Magistrate’s findings and recommendations, that the Magistrate’s report does not otherwise contain clear error, and that the report (Doc. 12) should be, and hereby is, ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that Respondent Wendy Kelly’s motion to dismiss (Doc. 10) is GRANTED and this case is DISMISSED WITH PREJUDICE. No certificate of appealability shall issue. Judgment will be entered accordingly. 1 IT IS SO ORDERED this 5th day of May, 2017. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE 2

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