Smith v. USA

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 and denying petitioner's habeas petition and petitioner's 3 Motion for Order. Signed by Judge Brian S. Miller on 12/16/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION BENJAMIN W. SMITH Registration No. 11844-002 v. T.C. OUTLAW, Warden, FCI Forrest City, Arkansas ORDER The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED that: (1) Petitioner's habeas petition (Doc. No. 1) be DENIED, WITH PREJUDICE; and (2) Petitioner's motion for order (Doc. No. 3) be DENIED. NO. 2:09CV00047 BSM/JTR RESPONDENT PETITIONER

Dated this 16th day of December, 2009.

________________________________________ UNITED STATES DISTRICT JUDGE