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)

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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

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