Campbell v. State of Arkansas

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS in its entirety. Further Petitioner's Habeas Corpus Petition is dismissed without prejudice. Signed by Honorable P. K. Holmes, III on November 15, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
ROGER DALE CAMPBELL
v.

PETITIONER
Case No. 3:12-CV-03125

STATE OF ARKANSAS

RESPONDENT

ORDER
Currently before the Court is the Report and Recommendations (Doc. 4) filed in this case on
September 27, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge
for the Western District of Arkansas. Also before the Court are Plaintiff’s timely filed objections
(Doc. 5).
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
Plaintiff’s objections offer neither law nor fact requiring departure from the Report and
Recommendations. It appears that Plaintiff’s habeas claims have been prematurely filed in this Court
prior to Plaintiff exhausting any potential state court remedies at such time as those remedies may
become available and appropriate. Carney v. Fabian, 487 F.3d 1094, 1096 (8th Cir. 2007) (“To be
eligible for federal habeas corpus relief, a state prisoner must first exhaust his state law remedies and
fairly present the facts and substance of his habeas claim to the state court.” (internal quotation
omitted)).
The Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS
ENTIRETY.

Accordingly, for the reasons stated in the Magistrate Judge’s Report and

Recommendations, IT IS ORDERED that Petitioner’s Habeas Corpus Petition (Doc. 1) filed under
28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED this 15th day of November, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE