Andrews v. Norris, Director, Arkansas Department of Corrections

Filing 8

ORDER adopting Report and Recommendations in toto re 5 and denying 7 Motion for Order, case dismissed WITH prejudice, and Civil Case Terminated. Signed by Honorable Robert T. Dawson on October 19, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DONALD ANDREWS

PETITIONER

V.

Civil No. 12-2130

LARRY NORRIS, Director
Arkansas Department of Correction

RESPONDENT

O R D E R
On this 19th day of October, 2012, there comes on for
consideration the report and recommendation filed in this case
on August 24, 2012, by the Honorable James R. Marschewski,
United States Magistrate for the Western District of Arkansas.
(Doc. 5).

Also before the Court are Petitioner’s objections

(doc. 6) and a motion (doc. 7) requesting a form to assist him
in filing a Rule 37 petition in state court.
The court has reviewed this case de novo 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 WITH PREJUDICE as his claims are
procedurally defaulted.

Defendant’s Motion (doc. 7) is DENIED

as to his request for a Rule 37 form.

Defendant was advised by

the Circuit Court that a form does not exist, and this Court is
aware of none.

AO72A
(Rev. 8/82)

IT IS SO ORDERED.

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

AO72A
(Rev. 8/82)