United States District Court, E.D. Arkansas, Pine Bluff Division
KEDRON L. JOHNSON ADC #120099 PETITIONER
WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT
Procedure for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Judge Susan Webber Wright. Mr. Johnson may file
written objections with the Clerk of Court. To be considered,
objections must be filed within 14 days. Objections should be
specific and should include the factual or legal basis for
Johnson does not file objections, he risks waiving the right
to appeal questions of fact. And, if no objections are filed,
Judge Wright can adopt this Recommendation without
independently reviewing the record.
Kedron L. Johnson, an inmate in the Arkansas Department of
Correction (“ADC”), brings this 28 U.S.C. §
2254 petition for writ of habeas corpus. (Docket entry #2)
Mr. Johnson was convicted of rape in Pulaski County Circuit
Court and was sentenced to twenty-five years'
imprisonment in the ADC. Johnson v. State, 80
Ark.App. 79, 80-81 (2002). Mr. Johnson appealed his
conviction, but the Arkansas Court of Appeals affirmed.
Id. at 84.
October 2003, Mr. Johnson commenced his first federal court
challenge to his conviction by filing a petition for writ of
habeas corpus under 28 U.S.C. 2254. Johnson v.
Norris, 5:03CV00379 SWW (filed Oct. 7, 2003). United
States District Court Judge Susan Webber Wright determined
that the petition had no merit and denied it. Id. at
docket entry #11. Mr. Johnson requested a certificate of
appealability, but Judge Wright denied his request.
Id. at docket entry #15. The United States Court of
Appeals for the Eighth Circuit later affirmed the denial of
his request for a certificate of appealability. Id.
at docket entry #16. He petitioned the United States Supreme
Court for a writ of certiorari, but his request was denied.
Id. at docket entry #20.
2009, Mr. Johnson commenced his second federal court
challenge to the same conviction by filing a petition for
writ of habeas corpus. Johnson v. Norris,
5:09CV00113 SWW, 2009 WL 1653466, at *2-3 (E.D. Ark. June 9,
2009). Judge Wright found that the petition was a second or
successive petition and, because Mr. Johnson had not obtained
approval of the Court of Appeals to file a second or
successive petition, denied the petition. Id. at *1.
2011, Mr. Johnson filed a third petition for writ of habeas
corpus challenging the same conviction. Johnson v.
Hobbs, No. 5:11CV00040 SWW/HDY, 2011 WL 1639957, at *1
(E.D. Ark. Apr. 21, 2011), report and recommendation
adopted, No. 5:11CV00040 SWW, 2011 WL 1639265 (E.D. Ark.
May 2, 2011). Judge Wright again determined that the petition
was a second or successive petition, and she denied the
petition because Mr. Johnson had again not obtained approval
of the Court of Appeals to file the petition. Id.
the petition was dismissed, Mr. Johnson sought the approval
of the Court of Appeals to file a second or successive
petition in the district court pursuant to 28 U.S.C. 2254.
The Court of Appeals denied his request. See Johnson v.
Hobbs, No. 5:13CV00077 SWW, 2013 WL 2553612, at *2 (E.D.
Ark. June 6, 2013).
Johnson filed a fourth petition for writ of habeas corpus
challenging the same conviction in 2013. Id. Judge
Wright denied the petition as an impermissible second or
successive petition and denied a certificate of
appealability. Id. at *1.
Johnson has now filed his fifth federal court challenge to
his 2001 conviction by filing the instant petition for writ
of habeas corpus. (Docket entry #1) Mr. Johnson attaches to
his petition an order dismissing a state petition for writ of
habeas corpus dated July 3, 2018, and an order denying a
motion for reconsideration dated July 26, 2018. (#2 at 6-8,
12) It appears that Mr. Johnson now attempts to appeal the
denial of his state petition for habeas relief. (#2 at 3) He
claims that his sentence is “illegal on its face”
and that the trial judge made errors. (#2 at 3)
Court lacks jurisdiction to hear Mr. Johnson's petition.
As set forth above, Mr. Johnson has already challenged his
conviction through earlier federal habeas petitions. Before
he is eligible to file another federal habeas corpus petition
challenging his conviction, he must seek and receive an order
from the Court of Appeals for the Eighth Circuit authorizing
this Court to consider the petition. 28 U.S.C. §
an order from the court of appeals authorizing a second
petition, the district court cannot hear the petition.
Burton v. Stewart,549 U.S. 147, 152-53, 157
(2007).Summary dismissal of a habeas corpus
petition - prior to any answer or other pleading being filed
by the respondent - is appropriate where the petition itself
and court records show that the petition is a second or
successive petition filed without authorization ...