Smith v. Hobbs

Filing 34

ORDER denying 32 Motion for Default Judgment. Signed by Magistrate Judge Jerome T. Kearney on 7/11/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES EDWARD SMITH ADC #103093 vs. PETITIONER Case No. 5:10-cv-00199-JTK RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER Now pending is Petitioner’s Motion for Default Judgment. (Doc. No. 32) In support of his motion, Petitioner restates the grounds for his habeas petition––namely that the Arkansas Department of Correction is unconstitutionally enhancing his sentence under Act 1805 of 2001, Ark. Code Ann. § 16-93-609 (Repl. 2006). Respondent opposes the motion. (Doc. No. 33) Petitioner offers no basis for which the Court should issue a default judgment against Respondent, and the Court currently finds no reason to issue a ruling in Petitioner’s case outside the normal time frame for habeas corpus petitions. Accordingly, Petitioner’s motion is denied. SO ORDERED this 11th day of July, 2011. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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