Foley v. Hobbs

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 and dismissing 2 Petition for Writ of Habeas Corpus filed by James Lee Foley with prejudice. Signed by Judge Kristine G. Baker on 10/15/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

JAMES LEE FOLEY
ADC #79350
VS.

PETITIONER

NO. 5:11CV00065 KGB/JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray (Dkt. No. 24). Though petitioner James Lee
Foley filed a motion to stay and a motion for relief (Dkt. No. 25) after the Proposed Findings and
Recommended Disposition, and, four months later, a motion to correct his motion to stay and
motion for relief (Dkt. No. 26), Mr. Foley filed no timely or specific objections. The Court has
considered the documents Mr. Foley filed.
After careful consideration of the Proposed Findings and Recommended Disposition and
the entire record before the Court, including the documents Mr. Foley filed, 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.
Therefore, it is ordered that petition for a writ of habeas corpus under 28 U.S.C. § 2254 is
denied (Dkt. No. 2), 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 in the United States District Courts.

SO ORDERED this 15th day of October, 2013.

_____________________________________
UNITED STATES DISTRICT JUDGE 

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