Smith v. Hobbs

Filing 34

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

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