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)

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