Turner v. Hobbs

Filing 25

ORDER adopting 22 Report and Recommendations in their entirety as this Court's findings in all respects; granting 6 Motion to Dismiss. The 2 petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Santonio Turner is dismissed. All requested relief is denied, and judgment will be entered for Hobbs. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 7/15/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SANTONIO TURNER v. PETITIONER NO. 5:14CV00085 JLH RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects.1 The motion to dismiss filed by respondent Ray Hobbs is granted. See Document #6. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Santonio Turner is dismissed. All requested relief is denied, and judgment will be entered for Hobbs. A certificate of appealability is denied. See Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. IT IS SO ORDERED this 15th day of July, 2014. UNITED STATES DISTRICT JUDGE 1 The State contends that Judge Young was unduly generous to Turner in his assessment of when the statute of limitations ran. Because those objections do not alter the outcome, the Court need not decide them.

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