Fudge v. Hobbs

Filing 13

ORDER ADOPTING 10 Report and Recommendations in their entirety; therefore, Respondent's 8 Motion to Dismiss is GRANTED; the habeas action is DISMISSED WITHOUT PREJUDICE and the requested relief is DENIED; all other pending motions are denied as moot. Signed by Chief Judge J. Leon Holmes on 2/21/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES CHARLES FUDGE, ADC #078875 v. PETITIONER No. 5:11CV00297 JLH-JJV 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 Joe J. Volpe and plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, 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. IT IS, THEREFORE, ORDERED that: 1. Respondent’s Motion to Dismiss is GRANTED. Document #8. 2. Fudge’s § 2254 Petition is DISMISSED WITHOUT PREJUDICE and the requested relief is DENIED. Document #2. 3. All other pending motions are denied as moot. IT IS SO ORDERED this 21st day of February, 2012. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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