2:24-cv-02073•Estes v. Payne
Full text
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SHAUN JERMAINE ESTES PLAINTIFF/PETITIONER V. CASE NO.: 2:24-CV-2073 DEXTER PAYNE, Director, Arkansas Department of Correction DEFENDANT/RESPONDENT ORDER Before the Court is the Report and Recommendation (“R&R”) (Doc. 21) of the Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas, regarding Shaun Jermaine Estes’s Petition for Habeas Relief pursuant to 28 U.S.C. § 2254. The Magistrate Judge recommends denying the Petition. On March 5, 2025, Mr. Estes filed Objections to the R&R (Doc. 22), which prompted the Court to conduct a de novo review of the record as required by 28 U.S.C. § 636(b)(1)(C). It is clear to the Court that Mr. Estes’s Objections fail to engage with the R&R’s legal reasoning in any respect. As the R&R correctly concluded, the claims for federal habeas relief were never presented to the appropriate state courts, thereby depriving the state courts of the opportunity to address those claims in the first instance. IT IS THEREFORE ORDERED that the Objections are OVERRULED, the R&R is ADOPTED in full, and the Petition for Habeas Relief pursuant to 28 U.S.C. § 2254 (Doc. 1) is DISMISSED WITH PREJUDICE. The Clerk is directed to close the case. IT IS SO ORDERED on this 10th day of March, 2025. /s/ Timothy L. Brooks TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE Case 2:24-cv-02073-TLB Document 23 Filed 03/10/25 Page 1 of 1 PageID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.