Gillard v. Miller County, Arkansas

Filing 9

ORDER ADOPTING 8 Report and Recommendations in toto; Petition for Writ of Habeas Corpus 1 hereby is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on January 3, 2025. (tmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ROBERT GILLARD
v.

PETITIONER
Case No. 4:24-cv-4096

MILLER COUNTY, ARKANSAS

RESPONDENT
ORDER

Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No.
8. Judge Bryant recommends that Petitioner Robert Gillard’s Petition for Writ of Habeas Corpus
(ECF No. 1) be denied and dismissed without prejudice. Judge Bryant further recommends that
Petitioner be informed by the Clerk of Court of such dismissal and that no certificate of
appealability be issued.
No party has objected to the R&R, and the time to do so has passed. See 28 U.S.C. §
636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Bryant’s
reasoning is sound, the Court adopts the R&R (ECF No. 8) in toto. Petitioner Gillard’s Petition
for Writ of Habeas Corpus (ECF No. 1) hereby is DISMISSED WITHOUT PREJUDICE. The
Clerk of Court is directed to notify Petitioner of this dismissal. No certificate of appealability shall
issue with this dismissal.
IT IS SO ORDERED, this 3rd day of January, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge