Calianno v. Hobbs

Filing 12

AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS. See Order for specifics. Signed by Honorable Jimm Larry Hendren on February 22, 2013. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DONALD E. CALIANNO PETITIONER v. Civil No. 12-5028 RAY HOBBS, Interim Director Arkansas Department of Corrections RESPONDENT AMENDED ORDER Now on this 22nd day of February 2013, comes on for consideration the Magistrate Judge's Report and Recommendation (document #9), entered on January 28, 2013, and petitioner's objection thereto. The Court has reviewed the Report and Recommendation and, being well and sufficiently advised, finds that it is sound in all respects. Petitioner's objection, which was untimely filed on February 20, 2013, states neither law nor fact to refute the Recommendation. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (document #9) is adopted in toto, and petitioner's objection is overruled. This Court's Order entered on February 20, 2013 (document #10) is hereby reaffirmed. IT IS FURTHER ORDERED that, for the reasons stated in the Report and Recommendation, petitioner's Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. ยง 2254 (document #1) is hereby denied and dismissed with prejudice. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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