Opinion
4:24-cv-00305-LPR
11-01-2024
ZAYZHON THOMPSON ADC #162920 PETITIONER v. DEXTER PAYNE, Director, Arkansas Division of Correction RESPONDENT
ORDER
LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE
The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Joe J. Volpe (Doc. 14) and the Petitioner's Objections (Doc. 17). After a de novo review of the RD, along with careful consideration of the Objections and the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court's findings and conclusions in all respects.
Mr. Thompson insists in both his Petition and his Objections that he is attempting to challenge his 2023 Lincoln County conviction in Case No. 40CR-21-39 for possessing a cell phone while incarcerated, rather than challenging his 2016 Pulaski County conviction. Petition (Doc. 2) at 18-19; Objections (Doc. 17) at 1. All of the arguments he raises in his Petition, however, are premised on the invalidity of his original 2016 conviction. See RD (Doc. 14) at 3. Thus, the Court lacks jurisdiction to consider his successive Petition without authorization from the Eighth Circuit.
Accordingly, the Petition for Writ of Habeas Corpus (Doc. 2) is DISMISSED without prejudice. A certificate of appealability will not issue.
IT IS SO ORDERED this 1st day of November 2024.