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)

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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