Smith v. Hobbs

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing plaintiff's petition without prejudice for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court's Order. Signed by Judge D. P. Marshall Jr. on 12/19/12. (kpr)

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

JOHN JERMAINE SMITH
A.D.C. # 103015

v.

PETITIONER

No. 5:12-cv-384-DPM-HDY

RAY HOBBS, Director, Arkansas
Department of Correction

RESPONDENT

ORDER
No one has objected to Magistrate Judge Young's proposed findings and
recommendations on Smith's 12 October 2012 petition for a writ of habeas

corpus. Document No. 4.

The Court sees no clear error on the face of the

record, or legal error, and adopts Judge Young's proposal.
72(b) (Advisory Committee Notes 1983 Addition).

FED.

R. CIV. P.

Smith's petition is

dismissed without prejudice for failure to pay the filing fee, failure to comply
with Local Rule 5.5(c)(2), and failure to respond to the Court's Order. An in

forma pauperis appeal taken from the Order and Judgment dismissing this
action would be frivolous and not in good faith.

So Ordered.

D.P. Marshall Jr.
United States District Judge

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