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)

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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 -2-

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