Derx v. Arkansas, State of

Filing 7

ORDER adopting in their entirety 6 the findings and recommendations; dismissing this case without prejudice; and denying the relief sought because Derx's "petition for post-conviction relief" is actually a petition for post -conviction relief pursuant to Arkansas Rule of Criminal Procedure 37 and was not filed in the proper form. Signed by Chief Judge Brian S. Miller on 7/18/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DENNIS DERX
v.

PETITIONER
CASE NO. 4:17-CV-00261 BSM

STATE OF ARKANSAS

RESPONDENT

ORDER
The findings and a recommendations [Doc. No. 6] submitted by United States
Magistrate Judge Patricia S. Harris have been received. Petitioner Dennis Derx has not
submitted objections.

After careful review of the record, the findings and

recommendations are adopted in their entirety, this case is dismissed without prejudice,
and the relief sought is denied because Derx’s “petition for post-conviction relief” is
actually a petition for post-conviction relief pursuant to Arkansas Rule of Criminal
Procedure 37 and was not filed in the proper forum.
IT IS SO ORDERED this 18th day of July 2017.

UNITED STATES DISTRICT JUDGE