Story v. Arkansas, State of

Filing 7

ORDER adopting 3 Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice 1 Mr. Story's petition for writ of habeas corpus; denying 2 motion to stay; and denying as moot 4 motion to extend time. Signed by Judge Kristine G. Baker on 2/12/2018. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KENDRICK STORY ADC #109934 v. PETITIONER Case No. 4:17-cv-00541 KGB STATE OF ARKANSAS RESPONDENT ORDER The Court has received Proposed Findings and Recommendations (“Recommendations”) submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 3). Petitioner Kendrick Story filed a motion for extension of time to file objections to Judge Kearney’s Recommendations (Dkt. No. 4). However, Mr. Story then filed timely objections to the Recommendations (Dkt. No. 5). Therefore, the Court denies as moot Mr. Story’s motion for extension of time (Dkt. No. 4) and considers timely his objections (Dkt. No. 5). After a review of the Recommendations and Mr. Story’s objections, as well as a de novo review of the record, the Court adopts the Recommendations in their entirety as this Court’s findings in all respects (Dkt. No. 3). It is therefore ordered that: 1. Mr. Story’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is dismissed without prejudice (Dkt. No. 1); 2. Mr. Story’s motion to stay is denied (Dkt. No. 2); and 3. Mr. Story’s motion to extend time is denied as moot (Dkt. No. 4). It is so ordered this 12th day of February, 2018. __________________________________ Kristine G. Baker United States District Judge

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