Hall v. Norris, Director, Arkansas Department of Corrections

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 ; denying Motion 9 for Entry of Default filed by Tommy Dwayne Hall. Signed by Honorable Harry F. Barnes on October 9, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

TOMMY DWAYNE HALL

PETITIONER

VS.

CASE NO. 09-CV-4076

LARRY NORRIS, Director Arkansas Department of Correction

RESPONDENT

ORDER Before the Court is the Report and Recommendation filed on September 29, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 12). The Petitioner has responded to the Magistrate's findings and recommendations and wishes to withdraw his Motion for Default Judgment filed in this matter. (Doc. No. 14). Upon consideration, the Court adopts in toto the Magistrate's findings and recommendations. The Court finds that the Respondent timely filed his answer in this matter; thus, he is not in default. Accordingly, the Petitioner's Motion for Default Judgment (Doc. No. 9) should be and hereby is denied. IT IS SO ORDERED, this 9th day of October, 2009.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge