Hatton v. Hobbs

Filing 6

ORDER denying without prejudice 5 Motion for Default Judgment against Ray Hobbs filed by Bobby Hatton; the Clerk is directed to re-serve 2 Petition for Writ of Habeas Corpus filed by Bobby Ray Hatton, Motion for Order 3 , and a copy of this Order on Mr. Hobbs by certified mail and on the Arkansas Attorney General by regular mail. Signed by Magistrate Judge Beth Deere on 9/10/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BOBBY RAY HATTON
ADC #129270
VS.

PETITIONER

CASE NO.: 5:12CV00291 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

On August 1, 2012, the Court ordered the Clerk to serve Bobby Ray Hatton’s
§ 2254 petition for writ of habeas corpus on the Respondent Ray Hobbs and the Arkansas
Attorney General. (Docket entry #4) Director Hobbs has not filed an answer, motion, or
other responsive pleading to the petition, and Mr. Hatton has now filed a motion for
default judgment. (#5) The Court has contacted the Arkansas Attorney General’s office
to confirm receipt of the petition, but that office advises that it has not received service.
Accordingly, the motion for default judgment (#5) is denied without prejudice, and
the Clerk of the Court is ordered to re-serve Mr. Hatton’s petition for writ of habeas
corpus (#2) and motion for order (#3) and a copy of this order on Mr. Hobbs by certified
mail and on the Arkansas Attorney General by regular mail.
IT IS SO ORDERED this 10th day of September, 2012.

____________________________________
UNITED STATES MAGISTRATE JUDGE