Butler v. Outlaw

Filing 16

ORDER adopting 11 Recommended Disposition in its entirety; therefore, the petition for writ of habeas corpus 1 is hereby denied without prejudice; Petitioner's 7 Motion for Default Judgment and 8 Motion for Writ of Mandamus are denied; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 3/3/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOE B. BUTLER, JR. REG. #14225-076 V. T.C. OUTLAW, Warden, FCI, Forrest City, AR ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, this 28 U.S.C. 2241 petition for writ of habeas corpus (doc. 1) is hereby denied, without prejudice. Petitioner's motion for default judgment (doc. 7) is denied. His motion for writ of mandamus (doc. 8) does not seek relief from this Court and, instead, appears to be a copy of a motion he filed asking the Eighth Circuit Court of Appeals to compel this Court to hold an evidentiary hearing and issue a ruling or, alternatively, for the Court of Appeals to rule in his favor and order his release. To the extent the motion seeks any relief from this Court, it is denied. IT IS SO ORDERED this 3rd day of March, 2009. NO. 2:08cv00157 SWW RESPONDENT PETITIONER /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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