Spencer v. Haynes

Filing 18

ORDER ADOPTING 17 Report and Recommendations; therefore, Mr. Spencer's habeas petition is dismissed with prejudice, save his claim challenging the use of the "four-point restraints"; that claim is dismissed without prejudice; all requested relief is denied, and judgment will be entered for respondent. Signed by Judge Susan Webber Wright on 10/25/13. (vjt)

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

PETITIONER

v.

NO. 2:13CV00059 SWW

ANTHONY HAYNES, Warden,
FCI Forrest City, Arkansas

RESPONDENT

ORDER
The Court has received findings and a recommendation from Magistrate Judge H.
David Young. No objections have been filed. After a careful, de novo review of the record
in accordance with 28 U.S.C. § 636(b)(1)(C), 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 Addones Spencer is dismissed with prejudice, save his
claim challenging the use of the “four-point restraints.” That claim is dismissed without
prejudice. All requested relief is denied, and judgment will be entered for respondent
Anthony Haynes.

IT IS SO ORDERED this 25th day of October 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE