Scott v. Hobbs, Director, Arkansas Department of Correction

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 ; denying 1 Petition for Writ of Habeas Corpus filed by Julie Michelle Scott; Case dismissed without prejudice. Signed by Honorable Susan O. Hickey on August 13, 2013. (mll)

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Scott v. Hobbs, Director, Arkansas Department of Correction Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JULIE MICHELLE SCOTT VS. PETITIONER Civil No. 4:12-cv-4136 RAY HOBBS, Director Arkansas Department of Corrections RESPONDENT ORDER Before the Court is the Report and Recommendation filed July 25, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 11). Judge Bryant recommends that Julie Michelle Scott’s petition for writ of habeus corpus (ECF No. 1) be denied without prejudice. Specifically, Judge Bryant recommends denial of the petition because Petitioner has failed to adequately exhaust her state court remedies and has failed to establish that seeking available state court remedies would be futile. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. The petition is hereby DISMISSED WITHOUT PREJUDICE. If and when available state court remedies have been exhausted, Petitioner may re-file her petition. IT IS SO ORDERED, this 13th day of August, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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