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HUMES v. RIVERA, 2:15-cv-00109 JLH. (2015)

Court: District Court, E.D. Arkansas Number: infdco20151123646 Visitors: 15
Filed: Nov. 20, 2015
Latest Update: Nov. 20, 2015
Summary: ORDER J. LEON HOLMES , District Judge . The Court has received findings and a recommendation from United States Magistrate Judge Patricia S. Harris. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. The petition for writ of habeas corpus purs
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ORDER

The Court has received findings and a recommendation from United States Magistrate Judge Patricia S. Harris. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 filed by petitioner Charles Humes is dismissed without prejudice so that he might petition the United States Court of Appeals for the Sixth Circuit for permission to file a second or successive petition under 28 U.S.C. 2255(h)(2) citing the United States Supreme Court's decision in Johnson v. United States, ___ U.S. ____, 135 S.Ct. 2551, ___ L.E.3d ____ (2015). All requested relief is denied, and judgment will be entered for respondent C.V. Rivera.

IT IS SO ORDERED.

Source:  Leagle

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