Fears v. Hobbs

Filing 16

ORDER ADOPTING 14 Report and Recommendations in their entirety; therefore, Respondent's Motion to Transfer or Dismiss is GRANTED IN PART AND DENIED IN PART, and this habeas petition is DISMISSED WITHOUT PREJUDICE; a Certificate of Appealability is DENIED. Signed by Judge Susan Webber Wright on 11/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DONALD FEARS
ADC #99174

VS.

PETITIONER

5:11CV00027 SWW-JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court nhas reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been
filed. After careful consideration, 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 Respondent’s Motion to Transfer or
Dismiss (docket entry #13) is GRANTED in part and DENIED in part, and that this
Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 (docket entry #2) is
DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED THAT a Certificate of Appealability is DENIED

pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United
States District Courts.
DATED this 2nd day of November 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE