Marlin v. Beebe

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS and dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on July 11, 2011. (src)

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

JAMES MARLIN

PLAINTIFF

v.

Civil No. 11-5060

GOVERNOR MIKE BEEBE,
STATE OF ARKANSAS

DEFENDANT

ORDER
NOW on this 11t h day of July 2011, comes on for consideration
the Report and Recommendation (document #6) of the Magistrate Judge,
filed on May 20, 2011, and petitioner’s objections thereto, entitled
Motion to Continue Writ of Habeas Copus (document #7), filed on June
21, 2011.

The Court, being well and sufficiently advised, finds and

orders as follows with respect thereto:
1.

Plaintiff’s objections offer neither law nor fact requiring

departure from the Report and Recommendation and the same should and
will be overruled.
2.

The Report and Recommendation is sound in all respects

and should be adopted in toto.
IT IS THEREFORE ORDERED
*

that

plaintiff's

objections

to

the

Report

And

Recommendation of the Magistrate Judge should be, and they hereby
are, overruled;
*

that the said Report and Recommendation of the Magistrate

Judge should be, and it hereby is, adopted in toto.
IT IS FURTHER ORDERED that, because the instant petition for

Habeas Corpus relief, filed under 28 U.S.C. § 2254, is not timely
and is barred by the statute of limitations, and is otherwise
without merit, the petition should be, and hereby is dismissed
with prejudice.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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