Dotson v. Arkansas, State of et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 granting 24 Motion to Dismiss filed by Antonio L Dotson; and denying 20 Motion to Stay filed by Antonio L Dotson. Signed by Judge D. P. Marshall Jr. on 1/19/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ANTONIO L. DOTSON
ADC # 149465
CHARLES HOLIDAY, Sheriff,
Pulaski County Regional Detention
Facility; and RAY HOBBS, Director,
Arkansas Department of Correction
The Court has considered Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Disposition, Document No. 28, to which Dotson
timely filed objections, Document Nos. 30 & 31. Having conducted a de
novo review of the record, FED. R. Cry. P. 72(b)(3), the Court adopts the
proposal with one comment.
Dotson objected to say that his actual date of arrest was 6 December
1999, Document No. 31, at 1, which, if true, could affect the speedy trial
calculation for his state charges. The Court did notice the notation on the
circuit court docket sheet that listed the" AD" (arrest date?) of "12/06/99,"
Document No. 23-11. But without further explanation, and having located no
other evidence of this date in the record, the Court is unable to determine
conclusively when Dotson was arrested. But whatever his arrest date, this
Court's analysis on Dotson's habeas petition remains the same.
Because Dotson needs to exhaust his claims in state court, his motion for
voluntary dismissal, Document No. 24, is granted. Dotson's motion to stay,
Document No. 20, is denied.
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