Briley v. Norris

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 of Magistrate Judge H. David Young in their entirety as this Court's findings in all respects. The Court grants 20 Second MOTION to Dismiss filed by Larry Norris, & denies as moot 9 First MOTION to Dismiss filed by Larry Norris. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner John Briley is dismissed. Judgment will be entered for Norris. Signed by Judge James M. Moody on 9/12/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION
JOHN BRILEY PETITIONER

v.

NO. 5:08CV00083 JMM

LARRY NORRIS, Director of the Arkansas Department of Correction

RESPONDENT

ORDER

The Court has received findings and a recommendation from Magistrate Judge H. David Young. No objections have been filed. After a careful, de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. The second motion to dismiss filed by respondent Larry Norris ("Norris") is granted, see Document 20; his first motion to dismiss is denied as moot, see Document 9. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner John Briley is dismissed. Judgment will be entered for Norris. IT IS SO ORDERED this 12 day of September , 2008.

UNITED STATES DISTRICT JUDGE