Ray v. Gentry

Filing 18

ORDER Granting 14 Motion to Dismiss for Lack of Jurisdiction and the petition for a writ of habeas corpus (Doc 1) is DISMISSED WITHOUT PREJUDICE; ADOPTING IN ITS ENTIRETY the Report and Recommendations; DENYING AS MOOT 13 Motion to Appoint Counsel. Signed by Honorable P. K. Holmes III on April 27, 2021. (lgd)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
ERIC S. RAY
v.

PETITIONER
No. 5:21-CV-05008

MARK GENTRY, Warden, Davis
Correctional Facility, and LESLIE
RUTLEDGE, Attorney General for
the State of Arkansas

RESPONDENTS
ORDER

The Court has received a report and recommendation (Doc. 17) from United States
Magistrate Judge Mark E. Ford. No objections have been filed and the deadline to file objections
has passed. The Magistrate recommends that the Court deny the petition for a writ of habeas
corpus without prejudice and dismiss the motion to appoint counsel as moot. The Court has
conducted careful review of this case. The report and recommendation is proper, contains no clear
error, and is ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED that Respondent Leslie Rutledge’s motion to dismiss
(Doc. 14) is GRANTED and the petition for a writ of habeas corpus (Doc. 1) is DISMISSED
WITHOUT PREJUDICE. No certificate of appealability shall issue. Judgment will be entered
accordingly.
IT IS FURTHER ORDERED that Petitioner Eric S. Ray’s motion to appoint counsel
(Doc. 13) is DENIED as MOOT.
IT IS SO ORDERED this 27th day of April, 2021.

/s/P. K. Holmes, III
P.K. HOLMES, III
U.S. DISTRICT JUDGE