Hall v. Norris, Director, Arkansas Department of Corrections

Filing 11

REPORT AND RECOMMENDATIONS recommending 8 MOTION for Entry of Default as to Larry Norris, Director, Arkansas Department of Corrections filed by Tommy Dwayne Hall be denied. Objections to R&R due by 10/19/2009. Signed by Honorable Barry A. Bryant on September 29, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

T O M M Y DWAYNE HALL v. LARRY NORRIS, Director, A rkan sas Department of Correction C iv il No. 4:09-cv-4079

PETITIONER

RESPONDENT

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner, TOMMY DWAYNE HALL, an inmate confined in the Arkansas Department of Corrections, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred for findings of fact, conclusions of law and recommendations for the disposition of the case. Pending before the Court is the Petitioner's Motion for Default Judgment. (Doc. No.
8 ).

Discussion: The Petition for Writ of Habeas Corpus was filed in this case on July 22, 2009. (Doc. No.
1 ). On that day the Court ordered the United States Marshal to serve the Respondent with a copy of

th e Petition and further ordered the Respondent to file his answer to the Petitioner within twenty (20) d ays of the date of service. (Doc. No. 3). Respondent was served with a copy of the Petition and the O rd er to Answer on August 10, 2009. (Doc. No. 5). Respondent filed his Response to Petition for Writ o f Habeas Corpus on August 26, 2009. (Doc. No. 7). On August 27, 2009, Petitioner filed his Motion for Default Judgment, alleging the Respondent sh o u ld have answered within twenty (20) days of the entry of the Order to Answer. Petitioner is in co rrect. The Order to answer directed an answer within twenty (20) days of the date of service of the

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order.

Respondent was served on August 10, 2009, and answered some sixteen (16) days later.

Therefore, Respondent is not in default and entry of a default judgment is not warranted.

Recommendation: Accordingly, based on the foregoing, it is recommended the Petitioner's Motion for Default Judgment (Doc. No. 8). be DENIED. The parties have ten (10) days from receipt of this report and recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 29th day of September, 2009.

/s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE

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