Jones v. Kelley
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JOE McKINLEY JONES, JR.
WENDY KELLY, Director,
Arkansas Department of Correction
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
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.
IT IS SO ORDERED this 5th day of May, 2017.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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