Dotson v. Arkansas, State of et al

Filing 32

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANTONIO L. DOTSON ADC # 149465 v. PETITIONER No.4:11-cv-12-DPM CHARLES HOLIDAY, Sheriff, Pulaski County Regional Detention Facility; and RAY HOBBS, Director, Arkansas Department of Correction RESPONDENTS ORDER 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. So Ordered. 12January 2012 -2­

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