Keith v. Outlaw

Filing 7

ORDER declining to adopt 4 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael Keith. The Court returns the case to Judge Deere for further proceedings in the normal course. Signed by Judge D. P. Marshall Jr. on 11/8/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL KEITH Reg.# 30911-018 v. PETITIONER No. 2:12-cv-180-DPM-BD T.C. OUTLAW, Warden, Federal Correctional Complex, Forrest City, Arkansas RESPONDENT ORDER The Court respectfully declines to adopt Magistrate Judge Deere's recommendation to dismiss, Document No. 4, because, as Keith noted in his objection, Document No.5, he has paid the filing fee on time. Judge Deere was not asleep. When she filed her recommendation, the docket did not reflect any payment. Keith's objection prompted the Clerk to investigate; he discovered that the filing fee had been paid but not docketed. So the payment was entered as Document No. 6, but the entry was dated 21 September 2012, when payment was received. This was correct because the Court had ordered Keith to pay by a date certain. Document No.3. The electronic receipt for Document No. 6 (available by clicking on the black dot) confirms the timing of things, as does the order of all the docket entries: 1, 2, 3, 6, 4 & 5. The Court returns the case to Judge Deere for further proceedings in the normal course. So Ordered. D.P. MarShalirr: United States District Judge 8 November 2012 -2-

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