Quinoez et al v. State of Arkansas

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS except to the extent the dismissal will be without prejudice for 15 Report and Recommendations. Signed by Honorable Robert T. Dawson on March 12, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ISIDORO QUINONEZ and DIANE QUINONEZ V. Civil No. 08-2086 RESPONDENT

PETITIONERS

LARRY NORRIS, Director Arkansas Department of Correction ORDER On this 12th day of March 2009, there

comes

on

for

consideration the report and recommendation filed in this case on February 11, 2009, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 15). No objections were filed to the report and

recommendation. The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted except to the extent the dismissal will be without prejudice. Accordingly, Petitioners' 28 U.S.C. § 2254 petition (Doc. 1) is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)