Johnson v. Norris

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS and directs Respondent to respond further as outlined in this Order. Signed by Judge James M. Moody on 11/4/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DERRICK LEE JOHNSON ADC #110079 V. NO. 5:07cv00285 JMM-JWC RESPONDENT PETITIONER

LARRY NORRIS, Director, Arkansas Department of Correction

ORDE R The Court has reviewed the Proposed Findings and Recommendations received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, the Court (1) rejects Respondent's argument for dismissal of this 28 U.S.C. § 2254 petition on the basis of the statute of limitations; (2) dismisses Ground 1 as failing to state a cognizable federal habeas claim; and (3) directs Respondent to respond further to Grounds 2, 3 and 4, including addressing the merits of the claims and submitting any documentation supporting or explaining the ADC's computation of Petitioner's transfer eligibility date. IT IS SO ORDERED this 4th day of November, 2008.

__________________________________ UNITED STATES DISTRICT JUDGE