Bowman v. Ray Hobbs, Interim Director, Arkansas Department of Corrections

Filing 13

ORDER denying 12 Motion for Reconsideration; and adopting report and recommendations in its entirety. Plaintiff's 2241 petition is DISMISSED WITH PREJUDICE as barred by the statute of limitations. Signed by Honorable Robert T. Dawson on May 19, 2010. (lw) Modified on 5/20/2010 to edit text (rw).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION BOBBY BOWMAN V. Civil No. 10-2016 PLAINTIFF

RAY HOBBS, Interim Director Arkansas Department of Corrections

DEFENDANT

ORDER Now on this 19th day of May 2010, there comes on for

consideration Plaintiff's Motion for Reconsideration (doc. 12). Plaintiff's motion includes his objections to the report and recommendation of the Honorable James R. Marschewski (doc. 10). Plaintiff's objections are untimely. However, the Court has fully

considered Plaintiff's objections and has reviewed this case de novo. In his objections, Plaintiff states he did not plead guilty in Court and was guilty when he walked in the courtroom (doc. 12). However, the evidence before this Court is that Plaintiff entered into a plea of guilty on July 18, 2005. Plaintiff had one year in

which to file a habeas petition, yet he did not file it until January 29, 2010. Accordingly, his petition is barred by the

statute of limitations. The Court, being well and sufficiently advised, finds that Plaintiff's Motion (doc. 12) should be DENIED, and the report and recommendation is proper and should be adopted in its entirety. Accordingly, Plaintiff's § 2241 petition is DISMISSED WITH

AO72A (Rev. 8/82)

PREJUDICE as barred by the statute of limitations. IT IS SO ORDERED.

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

AO72A (Rev. 8/82)