Madden v. Arkansas, State of

Filing 5

ORDER adopting 3 Report and Recommendations in their entirety; therefore, 2 Petition for Writ of Habeas Corpus filed by Lee Madden Jr. is DISMISSED without prejudice for lack of jurisdiction, and his 1 Motion for Leave to Proceed in forma pauperis is DENIED; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 11/12/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE MADDEN, JR. ADC #136534 v. CASE NO.: 5:09CV00310-SWW-BD RESPONDENT ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed any objections. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. IT IS THEREFORE ORDERED that Lee Madden, Jr.'s Petition for Writ of Habeas Corpus (#2) is DISMISSED without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases for lack of jurisdiction, and his Motion for Leave to Proceed In Forma Pauperis (#1) is DENIED. IT IS SO ORDERED THIS 12TH DAY OF NOVEMBER, 2009. P ETITIONER

LARRY NORRIS, Director, Arkansas Department of Correction

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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