Fitzhugh v. Hobbs, Director, Arkansas Department of Correction

Filing 41

ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS and dismissing case without prejudice re 1 Petition for Writ of Habeas Corpus filed by Michael D. Fitzhugh ***Civil Case Terminated. Signed by Honorable Jimm Larry Hendren on March 19, 2013. (tg)

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

PETITIONER

v.

Civil No. 12-5038

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

O R D E R
Now

on

this

19th

day

of

March

2013,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(document #38), filed on January 23, 2013, to which no objections
have

been

filed.

The

Court

has

reviewed

the

Report

and

Recommendation and, being well and sufficiently advised, finds
that it is proper and should be adopted in its entirety.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report
and Recommendation (document #38) is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report and Recommendation, Michael Fitzhugh's Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus (document #1) is hereby
denied, and this case is dismissed without prejudice.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE