Kennedy v. Kelley et al

Filing 10

ORDER adopting 8 Report and Recommendations; petitioner's cause of action is dismissed without prejudice and respondents' motion to dismiss as successive is denied 6 . Signed by Judge J. Leon Holmes on 2/11/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEREMY KENNEDY, ADC #093061 V. PETITIONER 5:15CV00368-JLH WENDY KELLEY, Director, Arkansas Department of Correction, et al. RESPONDENTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Petitioner’s objections. After carefully considering the objections and making a de novo review of the record, 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 Petitioner’s cause of action is DISMISSED without prejudice; and Respondents’ Motion to Dismiss as Successive is DENIED (Doc. No. 6). SO ORDERED this 11th day of February, 2016. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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