Guy v. Norris

Filing 31

ORDER adopting 25 Recommended Disposition in its entirety; therefore, Respondent Abbott's Motion 12 to dismiss is DENIED, to transfer case is GRANTED, and for leave to appear pro hac vice is GRANTED; the Clerk is directed to immediately transfer this habeas action to USDC for the Eastern District of Texas, Tyler Division; Petitioner's motions and renewed requests are hereby DENIED 9 10 15 18 21 24 . Signed by Judge William R. Wilson, Jr on 7/1/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BENNIE DAVID GUY, ADC #72720 V. NO. 5:09cv00109 WRW RESPONDENT PETITIONER LARRY NORRIS, Director, Arkansas Department of Correction ORDER The Court has reviewed the Proposed Findings and Recommended Disposition 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, 1. Respondent Abbott's motion to dismiss (doc. 12) is denied, and his motion to transfer case (doc. 12) is granted; 2. The Clerk is to immediately transfer this 28 U.S.C. 2254 habeas corpus action to the United States District Court for the Eastern District of Texas, Tyler Division, 211 West Ferguson Street, Tyler, Texas 75702. 3. Petitioner's motion to stop extradition to Texas (doc. 10) is denied without prejudice to any actions brought in the state courts of Arkansas or Texas; 4. Petitioner's emergency motion for help (doc. 24) is denied without prejudice to presentation in a 42 U.S.C. 1983 complaint; 5. Petitioner's renewed requests for counsel (doc. 21, at 3-4; doc. 18, at 9) are denied without prejudice to renewal in the Texas courts; 6. 7. and 8. Petitioner's motion to add Respondent Abbott (doc. 9) is denied as duplicative; Respondent Abbott's motion for leave to appear pro hac vice (doc. 12) is granted; Petitioner's motion to dismiss Gregg County, Texas Case No. 23-613-B (doc. 15) due to Respondent Abbott's alleged failure to file a timely response to one of the Court's orders is denied. IT IS SO ORDERED this 1st day of July, 2009. /s/ Wm. R. Wilson, Jr.____________ UNITED STATES DISTRICT JUDGE 2

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