Olles v. Outlaw

Filing 41

ORDER denying 35 36 Motions for Hearing and to stay. Signed by Magistrate Judge Jerome T. Kearney on 5/7/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BOBBY OLLES,
Petitioner,
v.
T C OUTLAW, Warden, FCI-Forrest City
Respondent.

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Case No. 2:11-CV-00109 JTK

ORDER DISMISSING PENDING MOTIONS
BEFORE THE COURT is the Motion for Evidentiary Hearing (Doc. No. 35) and the
Motion to Stay Proceedings (Doc. No. 36) filed on February 3, 2012, by Petitioner Bobby Olles.
The parties have consented to the jurisdiction of a Magistrate Judge (Doc. No. 37).
Petitioner contends that he was incorrectly denied federal custody credit for 483 days that
he spent in state custody because he was erroneously being held by the state. Given the
mathematical nature of this case, it appears that the petition can be decided on the record, and no
evidentiary hearing is necessary. Accordingly, Petitioner’s Motion for Evidentiary Hearing is
DENIED. Should the determination be made at a later date that an evidentiary hearing is
warranted, the Court will do so.
Petitioner was released on March 6, 2012, and it is unclear what purpose a stay would
serve. Accordingly, Petitioner’s Motion to Stay Proceedings is also DENIED because it is now
moot.
SO ORDERED this 7th day of May, 2012.

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United States Magistrate Judge