Robinson v. Ashley County Sheriff's Department et al

Filing 11

ORDER DECLINING TO ADOPT 9 REPORT AND RECOMMENDATIONS. Signed by Honorable Susan O. Hickey on March 26, 2024.(mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROBERT EARL ROBINSON v. PETITIONER Case No. 1:23-cv-1096 ASHLEY COUNTY SHERIFF’S DEPARTMENT; and ASHLEY COUNTY SHERIFF’S OFFICE DEFENDANTS ORDER Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 9. Judge Bryant recommends that Petitioner Robert Earl Robinson’s petition for writ of habeas corpus (ECF No. 1) be dismissed without prejudice for failure to prosecute this matter pursuant to Federal Rule of Civil Procedure 41(b). Specifically, Judge Bryant states that Petitioner has failed to provide certain information regarding his petition that the court directed (ECF No. 4) Petitioner provide by December 7, 2023. Petitioner filed a timely objection to the R&R. ECF No. 10. In his objection, Plaintiff attempts to outline the information that Judge Bryant previously directed Petitioner provide to the Court. Upon review, the Court finds that Petitioner’s objection has belatedly attempted to provide the previously requested information regarding his habeas petition. Therefore, the Court declines to adopt Judge Bryant’s R&R. Petitioner’s petition for habeas corpus relief can proceed for further evaluation. IT IS SO ORDERED, this 26th day of March, 2024. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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