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)

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)