Kelly v. Norris

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS, dismissing case with prejudice. ***Civil Case Terminated. Signed by Honorable Robert T. Dawson on January 15, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DAVID KELLY V. Civil No. 08-6030 RESPONDENT PETITIONER

LARRY B. NORRIS, Director, Arkansas Department of Correction ORDER

On this 15th day of January 2009, there comes on for consideration the report and recommendation filed in this case on December 5, 2008, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. 7.) (Doc.

Petitioner was granted an extension through January 5, 2009

to file any written objections to the report and recommendation, however, none were filed. (Doc. 9.)

The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Petitioner's 28 U.S.C. §§ 2241 and

2254 petition is hereby DENIED as untimely and DISMISSED WITH PREJUDICE. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)