Namer v. USA et al

Filing 27

ORDER ADOPTING 25 Report and Recommendations in their entirety; therefore, this habeas petition is DISMISSED; all pending motions are denied as moot 15 25 . Signed by Judge Susan Webber Wright on 4/9/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DAVID I. NAMER
Reg. #15869-034
V.

PETITIONER

NO. 2:12CV00143 SWW-JTR

JOHN FOX,
Interim Warden, FCI-Forrest City

RESPONDENT

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 claim challenging his October 5, 2011 disciplinary

conviction is DISMISSED with prejudice, and his habeas claim challenging the
imposition and collection of restitution payments during his incarceration is
DISMISSED without prejudice;

(2)

This 28 U.S.C. § 2241 Petition for a Writ of Habeas Corpus (docket

entries #2, #7) is DISMISSED; and
(3)

All pending motions1 are denied as moot.

DATED this 9th day of April, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Petitioner’s Motion for Discovery and Medical Examination (docket entry #15);
Petitioner’s Motion for Hearing (docket entry #21).
2