McCoy v. Woods, No. 4:2020cv00476 - Document 20 (E.D. Ark. 2020)
Court Description: ORDER adopting 19 Proposed Findings and Recommendations. Judgment will be entered dismissing the petition without prejudice. A certificate of appealability will be denied. Signed by Judge Lee P. Rudofsky on 12/2/2020. (jak)
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McCoy v. Woods Doc. 20 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION TERRY LAMAR McCOY PETITIONER 4:20-cv-00476 LPR/PSH LAFAYETTE WOODS, Jr., SHERIFF, JEFFERSON COUNTY RESPONDENT ORDER I have received a proposed Findings and Recommendation from Magistrate Judge Patricia S. Harris. (Doc. 19). No objections have been filed. After a careful review of the Findings and Recommendation, as well as the record, I agree that the petition for a writ of habeas corpus should be dismissed without prejudice. I fully approve and adopt the facts set out in Judge Harris’ Findings and Recommendation. I also agree with the Findings and Recommendation’s bottom line: the petition should be dismissed without prejudice because “[t]he constitutional issue can be and has been raised and resolved in the state court case.” (Id. at 10). To wit, “McCoy was able to pursue his COVID-19 challenges to his pre-trial detention in state court successfully” and there are “no extraordinary circumstances that would warrant [federal court] interference with a pending state criminal case under these circumstances.” (Id.). Judgment will be entered dismissing the petition without prejudice. A certificate of appealability will be denied. IT IS SO ORDERED this 2nd day of December, 2020. ________________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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