Croston v. Norris

Filing 17

ORDER adopting 14 Report and Recommendations in their entirety; therefore, 6 Motion to Dismiss filed by Larry Norris is GRANTED, and the 2 Petition for Writ of Habeas Corpus is DISMISSED; all requested relief is denied; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 1/15/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DETRICK CROSTON PETITIONER v. NO. 5:09CV00335 SWW LARRY NORRIS, Director of the Arkansas Department of Correction ORDER RESPONDENT The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, and a 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 motion to dismiss filed by respondent Larry Norris ("Norris") is granted. See Document 6. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Detrick Croston is dismissed because he failed to obtain the approval of the Court of Appeals before filing his petition and, alternatively, the petition is barred by limitations. All requested relief is denied, and judgment will be entered for Norris. IT IS SO ORDERED this 15th day of January, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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