Whitt v. Bradley

Filing 16

ORDER approving and adopting 10 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing with prejudice Mr. Whitt's 2 petition for writ of habeas corpus; denying his 7 motion for preliminary injunctio n and emergency hearing; denying the pending 14 motion as moot; denying a certificate of appealability; and directing the Clerk of the Court to modify the docket to reflect that Respondent is Wendy Kelley. Signed by Judge Kristine G. Baker on 03/17/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GREGORY K. WHITT, ADC #158938 v. PETITIONER Case No. 5:16-cv-00036-KGB WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 10). Petitioner Gregory K. Whitt has filed objections (Dkt. No. 12). After careful review of the Proposed Findings and Recommendations, the timely objections, as well as a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects (Dkt. No. 10). The Court dismisses with prejudice Mr. Whitt’s petition for writ of habeas corpus and denies his motion for preliminary injunction and emergency hearing (Dkt. Nos. 2, 7). The relief he requests is denied. The Court also denies as moot all pending motions (Dkt. No. 14). A certificate of appealability is hereby denied, and the Clerk of the Court is directed to modify the docket to reflect that Respondent is Wendy Kelley, Director of the Arkansas Department of Correction. So ordered this 17th day of March, 2017. _______________________________ Kristine G. Baker United States District Judge

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