Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION LARRY DAVID DAVIS PETITIONER ADC #123330 VS. NO. 4:26-cv-00119-JM-ERE DEXTER PAYNE, Director, Arkansas Division of Correction RESPONDENT

ORDER Before the Court is Petitioner Larry David Davis’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed February 3, 2026. Doc. 1. For reasons that follow, the petition is dismissed without prejudice as successive and unauthorized.

Mr. Davis challenges his 2019 conviction for commercial burglary and breaking or entering. State v. Davis, No. 60CR-2018-2636 (Pulaski County Cir. Ct).

In 2020, Mr. Davis filed a § 2254 petition in this Court challenging the same conviction. Davis v. Payne, No. 4:20-cv-01441-JM (E.D. Ark) (Docs. 6, 9). The Court subsequently dismissed Mr. Davis’s earlier petition with prejudice. Id. (Docs.

9, 20). Mr. Davis appealed, and the Eighth Circuit denied a certificate of appealability. Id. (Docs. 29, 30).

Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, petitioners who have previously filed a federal habeas petition must first obtain authorization from the appropriate federal court of appeals before filing a second or successive habeas petition. 28 U.S.C. § 2244(b)(3)(A); see also Burton v. Stewart, USS. 147, 152-53, 157 (2007); Williams v. Hobbs, 658 F.3d 842, 853 (8th Cir. 2011). Based on a review of Eighth Circuit records, Mr. Davis has never requested nor received authorization to file a successive § 2254 petition. Until and unless Mr. Davis obtains the required authorization from the Eighth Circuit, this Court lacks jurisdiction to consider a second habeas petition. Burton, 549 U.S. at 152.

Accordingly, Mr. Davis’s petition (Doc. /) is DISMISSED WITHOUT PREJUDICE, and the requested relief is DENIED.

IT IS SO ORDERED this 10" day of February, 2026.

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