French v. Norris

Filing 9

REPORT AND RECOMMENDATIONS recommending 8 MOTION to Dismiss filed by George E French should be granted; this action should be dismissed in its entirety without prejudice. Objections to R&R due within fourteen (14) days after being served with the findings and recommendations. Signed by Magistrate Judge Jerry W. Cavaneau on 12/28/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GEORGE E. FRENCH ADC #83338 V. NO. 5:09cv00317 JMM-JWC RESPONDENT PETITIONER LARRY NORRIS, Director, Arkansas Department of Correction PROPOSED FINDINGS AND RECOMMENDED DISPOSITION I N S TR U C T I O N S The following recommended disposition has been sent to United States District Judge James M. Moody. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days after being served with the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact. If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following: 1. W hy the record made before the Magistrate Judge is inadequate. 2. 3. W hy the evidence to be proffered at the requested hearing before the District Judge was not offered at a hearing before the Magistrate Judge. An offer of proof stating the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the District Judge. From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge. Mail your objections and "Statement of Necessity" to: Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325 RECOMMENDED DISPOSITION George E. French, an Arkansas Department of Correction inmate, brings this 28 U.S.C. 2254 petition for writ of habeas corpus challenging a prison disciplinary. On December 3, 2009, he filed a motion to dismiss the petition without prejudice because he has "a more important obligation to address in the Courts that need[s] [his] attention" (doc. 8). The motion, which is unopposed, should be granted, dismissing this action in its entirety without prejudice. DATED this 28th day of December, 2009. __________________________________ UNITED STATES MAGISTRATE JUDGE 2

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