Emerson v. Maples

Filing 40

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS and denying 13 Motion for Preliminary Injunction. Signed by Honorable Susan O. Hickey on December 13, 2012. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
TINA M. EMERSON

V.

PLAINTIFF

CIVIL NO. 12-cv-6116

RAY HOBBS, Director
Arkansas Dept. Of Corrections

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed November 30, 2012 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 37). This action involves a Petition for Writ of Habeas Corpus, (ECF No. 1) but
Plaintiff has also filed a motion for Preliminary Injunction (ECF No. 13) related to her conditions
of confinement. Judge Bryant has reviewed Plaintiff’s motion and recommends denying it
because the injunctive relief that Plaintiff seeks falls outside the “core” of habeas corpus and is
not cognizable under 28 U.S.C. § 2254. Nelson v. Campbell, 541 U.S. 637, 643 (2004). Plaintiff
has filed an objection to the Report and Recommendation. (ECF No. 39). However, her objection
appears to withdraw the request for injunctive relief altogether.
Accordingly, the Court adopts Judge Bryant’s Report and Recommendation in its
entirety. For the reasons stated above, and those in Judge Bryant’s report, Plaintiff’s Motion for
Preliminary Injunction (ECF No. 13) should be and hereby is DENIED.
IT IS SO ORDERED, this 13th day of December, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge