Leach v. Arkansas, State of

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS and dismissing Petitioner's 2254 Petition. Signed by Honorable P. K. Holmes, III on December 20, 2016. (tg)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION HOWARD LEE LEACH v. PETITIONER Case No. 5:16-CV-05202 STATE OF ARKANSAS RESPONDENT ORDER Currently before the Court is the Report and Recommendations (Doc. 6) filed in this case on August 5, 2016, by the Honorable Erin Setser, United States Magistrate Judge for the Western District of Arkansas. Also before the Court is Plaintiff’s untimely filed objection (Doc. 7). The Court has reviewed this case and, being well and sufficiently advised, finds as follows: Plaintiff’s objection offers neither law nor fact requiring departure from the Report and Recommendations. It appears that Plaintiff’s habeas claim is a successive claim subject to dismissal under 28 U.S.C.§ 2244(b)(3)(A) and should be dismissed for lack jurisdiction. The Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and Recommendations, IT IS ORDERED that Petitioner’s Habeas Corpus Petition (Doc. 1) filed under 28 U.S.C. § 2254 is DISMISSED FOR LACK OF JURISDICTION.. IT IS SO ORDERED this 20th day of December, 2016. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?