Cooper v. Norris

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS 52 and dismissing the petition in its entirety, with prejudice, all pending motions to be denied. Signed by Judge James M. Moody on 3/29/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION VINCENT M. COOPER vs. Civil Case No. 5:07CV00046 HLJ PETITIONER LARRY NORRIS, Director, Arkansas Department of Correction ORDER RESPONDENT The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Henry L. Jones, Jr., and the objections filed in response1, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, judgment shall be entered dismissing this petition in its entirety, with prejudice. shall be denied. All pending motions IT IS SO ORDERED this 29th day of March, 2010. ____________________________ UNITED STATES DISTRICT JUDGE The Court notes that even if the implied bias standard were applied, the facts in this case do not rise to the "exceptional" or "extreme" level addressed by Justice O'Connor in Smith v. Phillips, 455 U.S. 209 (1981). The relationship between the questioned juror and the case is not such that "it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances." Sanders v. Norris, 529 F. 3d 787, 792 (8th Cir. 2008). 1

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