Kendrick v. McDaniel et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 .Case is dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on December 18, 2008. (jn)

IN THE UNITED STATES DISTRICT COURT W E ST E RN DISTRICT OF ARKANSAS F A YE T TE V IL L E DIVISION C A TH E RY N NE PRYOR KENDRICK V. L A RR Y NORRIS, Director A r ka n sa s Department of C o rr e ct i on , et al. C i vi l No. 08-5204 P E TI T IO N ER

RESPONDENTS

ORDER O n this 18 h day of December 2008, there comes on for

c o ns i de r at i on the Report and Recommendation (Doc. 4) filed in t h is case on November 6, 2008, by the Honorable James R.

M a rs c he w sk i , United States Magistrate for the Western District o f Arkansas. No objections have been filed to the Report and

R e co m me n da t io n . The Court has reviewed finds this as case and, being The well and and

s u ff i ci e nt l y

advised,

follows:

Report

R e co m me n da t io n is proper and should be and hereby is ADOPTED in i t s entirety. Accordingly, the 28 U.S.C. § 2241 petition,

t r ea t ed as an action under 28 U.S.C. § 2254, is hereby dismissed w i th prejudice. Petitioner is advised that the continued filing

o f frivolous actions may result in the clerk being instructed n o t to file additional pleadings presented by the petitioner. I T IS SO ORDERED.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE