Turner v. Hobbs

Filing 11

ORDER adopting 10 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 8 Motion to Dismiss. Plaintiff's 2 petition is dismissed without prejudice and the requested relief is denied. Signed by Judge J. Leon Holmes on 1/20/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH LAMAR TURNER,
ADC #078741
v.

PETITIONER

No. 5:14CV00390 JLH

WENDY KELLEY, Director,
Arkansas Department of Correction1

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. 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 respondent’s motion to dismiss (Document #8) is
GRANTED, and Turner’s petition for writ of habeas corpus (Document # 2) is DISMISSED without
prejudice. The requested relief is denied.
DATED this 20th day of January, 2015.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

1

The petition named Ray Hobbs as the respondent. Mr. Hobbs retired as Director of the
Arkansas Department of Correction on October 31, 2014, and Larry Norris assumed the duties of
Interim Director on November 1, 2014. Wendy Kelley assumed the duties of Director on
January 13, 2015. Pursuant to Federal Rule of Civil Procedure 25, Ms. Kelley is automatically
substituted as the respondent in place of Mr. Hobbs.