Wotring v. Rivera

Filing 18

ORDER adopting 17 the recommended disposition and dismissing, with prejudice, 1 Wotring's petition. Signed by Chief Judge Brian S. Miller on 11/3/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JAMES LEE WOTRING
ADC #36989-044
v.

PETITIONER

CASE NO. 2:16-CV-00085 BSM

C.V. RIVERA, Warden,
F.C.C. Forrest City, Arkansas

RESPONDENT
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Patricia S. Harris [Doc. No. 17] has been reviewed. No objections have been filed. After
reviewing the record, the RD is adopted and Wotring’s petition is dismissed with prejudice.
See Lueth v. Beach, 498 F.3d 795,797 n.3 (8th Cir. 2007) (finding failure to exhaust does not
affect court’s ability to decide case on the merits).
IT IS SO ORDERED this 3rd day of November 2016.

________________________________
UNITED STATES DISTRICT JUDGE