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)

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.

§

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

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