Redman v. Arkansas, State of et al

Filing 17

ORDER granting 15 Motion to Dismiss Case, and CASE DISMISSED WITHOUT PREJUDICE, and adopting Report and Recommendations re 16 . **Civil Case Terminated. Signed by Honorable Robert T. Dawson on September 13, 2010. (sh)

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Redman v. Arkansas, State of et al Doc. 17 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MICHAEL REDMAN V. Civil No. 10-2029 PETITIONER DAVID EBERHARD, Director of the Arkansas Department of Community Correction1 ORDER RESPONDENT On this 13th day of September 2010, there comes on for consideration the report and recommendation filed in this case on August 18, 2010, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. (Doc. 16). 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 in its entirety. Accordingly, Petitioner's Motion to Dismiss (doc. 15) is GRANTED, and the 28 U.S.C. 2254 petition is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge Mr. Redman's petition was filed against the State of Arkansas and Daniel Shue as Prosecuting Attorney. The Clerk is directed to substitute Mr. Eberhard as he is the proper party. 1 AO72A (Rev. 8/82)

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