Rodebaugh v. Haynes

Filing 3

ORDER adopting Judge Deere's 2 Report and Recommendations with two clarifications. First, the third citation on page five should be Bazuaye v. Tombone, 275 F.3d 44 (5th Cir. 2001). Second, all three cases on page five are unpublished opinions cited for their persuasive value only. Signed by Judge D. P. Marshall Jr. on 3/13/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

EUGENE RODNEY RODEBAUGH
Reg. # 18266-045

v.

PETITIONER

No. 2:13-cv-11-DPM-BD

ANTHONY HAYNES, Warden,
FCI- Forrest City

RESPONDENT

ORDER
Rodebaugh's petition for a writ of habeas corpus challenges the Bureau
of Prisons' decision to assign him a Sex Offender Public Safety Factor based
on conduct that occurred during his incarceration in Missouri. He has not
objected to Magistrate Judge Beth M. Deere's recommendation, Document
No. 2, that the Court dismiss the petition for lack of habeas corpus jurisdiction.

Reviewing that recommendation for legal error and clear factual error, FED.
R. CIV. P. 72(b) (1983 addition to Advisory Committee notes), the Court
adopts it with two clarifications. First, the third citation on page five should
be Bazuaye v. Tombone, 275 F.3d 44 (5th Cir. 2001). Second, all three cases on

page five are unpublished opinions cited for their persuasive value only.

So Ordered.

D.P. Marshall Jr. f
United States District Judge

-2-