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govinfo:USCOURTS-arwd-1_25-cv-01078-1

U.S. District Court for the Western District of Arkansas · 2026-06-04

· GavelSight synced 2026-09-06 03:52:43

IN THE UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF ARKANSAS 
EL DORADO DIVISION 
 
JOHN R. BUTCHER PLAINTIFF 
 
v. Case No. 1:25-cv-01078 
 
DEXTER PAYNE, Director 
of the Arkansas Division of Correction DEFENDANT 
 
ORDER 
Before the Court is a Report and Recommendation filed on May 8, 2026, by the Honorable 
Spencer G. Singleton, United States Magistrate Judge for the Western District of Arkansas. ECF 
No. 26. Judge Singleton finds that Plaintiff’s petition for habeas corpus is time -barred. Thus, 
Judge Singleton recommends that the Court deny Plaintiff’s petition for habeas corpus, dismiss 
this habeas action with prejudice, and deny any Certificate of Appealability pursuant to Rule 11(a) 
of the Rules Governing Section 2254 Cases. 
 Plaintiff has not responded to the Report and Recommendation, and the time to object has 
passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record 
and that Judge Singleton’s reasoning is sound, the Court adopts the Report and Recommendation 
(ECF No. 26) in toto. Accordingly, the Court finds that Plaintiff’s section 2254 habeas petition 
should be and hereby is DENIED AND DISMISSED WITH PREJUDICE . No certificate of 
appealability will issue. 
IT IS SO ORDERED, this 4th day of June, 2026. 
 
/s/ John Thomas Shepherd 
 John Thomas Shepherd 
United States District Judge PageID #:
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