Tice v. Hobbs

Filing 10

ORDER ADOPTING 9 Report and Recommendations; therefore, this habeas petition is dismissed without prejudice for petitioner's failure to pay the filing fee and failure to comply with the Court's Order 8 ; judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 9/25/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CARL H. TICE, ADC #129078 v. PETITIONER No. 5:13CV00095 JLH 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 H. David Young. 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. IT IS THEREFORE ORDERED THAT: 1. Petitioner’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. 2. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. DATED this 25th day of September, 2013. UNITED STATES DISTRICT JUDGE

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