Robison v. Atkinson et al

Filing 3

ORDER ADOPTING REPORT AND RECOMMENDATIONS 2 , Civil Case dismissed without prejudice and terminated for failure to exhaust state remedies. Signed by Honorable Robert T. Dawson on December 23, 2008. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION STEPHEN JEFF ROBISON V. Civil No. 08-2128 RESPONDENTS ORDER On this 23rd day of December 2008, there comes on for consideration the report and recommendation filed in this case on November 26, 2008, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 2). No objections were filed to the report and PETITIONER

SHERIFF FRANK ATKINSON and CAPT. CONGER

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 in its entirety. Accordingly, Petitioner's 28 U.S.C. § 2254

petition 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)