Byler v. Guntharp

Filing 17

ORDER adopting 14 Report and Recommendations in their entirety; therefore, Respondent's 9 Motion to Dismiss is GRANTED, and this case is DISMISSED WITH PREJUDICE; a Certificate of Appealability is DENIED; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 12/17/10. (vjt)

Byler v. Guntharp

Doc. 17

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TONY BYLER ADC #134257 PETITIONER VS. DAVID GUNTHARP, Director Arkansas Department of Community Correction ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed.1 After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED THAT the Respondent's Motion to Dismiss (docket entry #9) is GRANTED, and this case is DISMISSED, WITH PREJUDICE. IT IS FURTHER ORDERED THAT a Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases. Dated this 17th day of December, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 5:10CV00012 SWW/JTR

RESPONDENT

The Proposed Findings and Recommended Disposition mailed to petitioner were returned to the Clerk, the envelope marked "Released 4/5/10 RTS."

1

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