Swiggart v. Outlaw

Filing 16

ORDER ADOPTING 13 Report and Recommendations in their entirety; therefore, the petition for writ of habeas corpus is dismissed; all requested relief is denied. Signed by Judge Susan Webber Wright on 4/20/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RYAN M. SWIGGART
PETITIONER
v.

NO. 2:11CV00223 SWW

T.C. OUTLAW, Warden,
F.C.I. Forrest City, Arkansas

RESPONDENT

ORDER

The Court has received findings and a recommendation from Magistrate Judge H. David
Young. After a careful review of the findings and recommendation, the timely objections received
thereto, and a de novo review of the record, the Court concludes that the findings and
recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s
findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 filed by
petitioner Ryan M. Swiggart is dismissed, all requested relief is denied, and judgment will be
entered for respondent T.C. Outlaw.1
IT IS SO ORDERED this 20TH day of April, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

The question of whether a certificate of appealability should be granted need not be answered
because “such certificates are not required in habeas corpus cases brought solely under 28 U.S.C.
2241.” See Lindstrom v. Graber, 203 F.3d 470, 473 (7th Cir. 2000).