Roberson v. Helder

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations. IT IS FURTHER ORDERED that the sentence imposed on plaintiff by the District Court of Fayetteville, Arkansas, is vacated, and the matter is remanded to the District Court of Fayetteville, Arkansas for re-sentencing within 120 days of the date of this Order, failing which the charges against him shall be deemed dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on June 8, 2011. (Certified Copy of this Order mailed to District Court of Fayetteville, AR)(aw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

TRAVIS R. ROBERSON
v.

PLAINTIFF
Civil No. 11-5001

TIM HELDER, Sheriff of
Washington County, Arkansas

DEFENDANT
O R D E R

Now on this 8th day of June, 2011, come on for consideration
the parties' Joint Motion To Remand To The Fayetteville District
Court

(document

#18)

and

the

Magistrate

Judge's

Report

And

Recommendation (document #19), to which no objections have been
made.

The Court, having carefully reviewed said Report And

Recommendation, finds that it is sound in all respects, and that
it should be adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report
And Recommendation is adopted.
IT IS FURTHER ORDERED that, for the reasons stated in the
Magistrate Judge's Report And Recommendation, plaintiff's Petition
For Writ Of Habeas Corpus By A Person In State Custody is granted.
IT IS FURTHER ORDERED that the sentence imposed on plaintiff
by the District Court of Fayetteville, Arkansas, is vacated, and
the matter is remanded to the District Court of Fayetteville,
Arkansas for re-sentencing within 120 days of the date of this

Order, failing which the charges against him shall be deemed
dismissed with prejudice.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

-2-