Smith v. State of Arkansas

Filing 9

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS in its entirety. Accordingly, Petitioner's 28 U.S.C. 2254 petition is hereby Dismissed with Prejudice. Further, Petitioner is barred by the one year statue of limitations set forth by 28 U.S.C. 2244(1). Signed by Honorable Robert T. Dawson on January 23, 2014. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION GARY L. SMITH PETITIONER V. Civil No. 13-2245 STATE OF ARKANSAS RESPONDENT O R D E R On this 23rd day of January 2014, there comes on for consideration the report and recommendation filed in this case on December 5, 2013, 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 to the report and recommendation. (Docs. 7-8). 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 Petitioner is not in the custody of the State of Arkansas as required for habeas relief. Further, Petitioner is barred by the one year statute of limitations set forth by 28 U.S.C. § 2244(d)(1). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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