Vaughn v. The State of Arkansas / ADC

Filing 7

ORDER adopting #6 Report and Recommendations in toto. Petitioner's Amended Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on June 4, 2024.(mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
WALTER EARNEST VAUGHN, III
v.

PETITIONER

Case No. 4:24-cv-04030

THE STATE OF ARKANSAS

DEFENDANT
ORDER

Before the Court is a Report and Recommendation issued by the Honorable Barry A.
Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 6. Judge
Bryant recommends that Petitioner’s Amended Petition under 28 U.S.C. § 2254 for Writ of
Habeas Corpus (ECF No. 5) be dismissed without prejudice as premature for failure to exhaust
his state court remedies.
Petitioner has not filed an objection to the Report and Recommendation, and the time to
do so has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding that there is no clear error on
the face of the record and that Judge Bryant’s reasoning is sound, the Court adopts the Report
and Recommendation (ECF No. 6) in toto. Petitioner’s Amended Petition under 28 U.S.C. §
2254 for Writ of Habeas Corpus (ECF No. 5) is hereby DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 4th day of June, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge