Dye v. Kelley
Filing
11
ORDER ADOPTING 10 Recommended Disposition, as modified. Dye's conditions of confinement claim will be dismissed without prejudice to bringing the claim in a § 1983 action. Dye's remaining claims will be dismissed with prejudice because they are time-barred. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 1/19/2017. (mcz)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SKYLAR BRITTON DYE
ADC #146794
PETITIONER
No. 5:16-cv-281-DPM
v.
WENDY KELLEY, Director,
Arkansas Department of Correction
RESPONDENT
ORDER
Unopposed recommendation, Ng 10, adopted as modified. FED. R. CIV.
P. 72(b) (1983 addition to advisory committee notes). Dye's conditions of
confinement claim will be dismissed without prejudice to Dye's bringing the
claim in a§ 1983 action. But Dye's remaining claims will be dismissed with
prejudice because they are time-barred. No certificate of appealability will
issue. 28 U.S.C. § 2253(c)(l)-(2) .
So Ordered.
D.P. Marshall Jr.V
United States District Judge
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