Gordon v. State of Arkansas

Filing 29

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS and denying as moot 18 Motion to Produce; denying as moot 24 Motion to Strike ; denying as moot 26 Motion to Produce; further Gordon's petition is denied as untimely and is dismissed with prejudice. Signed by Honorable Susan O. Hickey on April 8, 2014. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTSERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION PAUL M. GORDON VS. PETITIONER CASE NO. 6:13-CV-6055 RAY HOBBS, Director, Arkansas Department of Corrections RESPONDENT ORDER Before the Court is the Report and Recommendation filed January 28, 2014 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 17). Judge Bryant has examined Paul Gordon’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF Nos. 1, 4, & 5). Judge Bryant recommends that the petition by denied as untimely. 1 Gordon has filed an objection to the Report and Recommendation. (ECF No. 17). Gordon’s objections do not contain any relevant arguments that have not already been raised and thoroughly addressed by Judge Bryant. After conducting a de novo review of the record, the Court overrules Gordon’s objections and adopts Judge Bryant’s Report and Recommendation as its own. Gordon’s Petition is hereby DENIED as untimely and is DISMISSED WITH PREJUDICE. Petitioner’s motions 2 that were filed after the Report and Recommendation 1 As independent grounds for dismissal, Judge Bryant also found that Gordon did not present his claims to the state courts in Arkansas, and has procedurally defaulted those claims by failing to comply with a state procedural rule. 2 Petitioner filed two motions for the production of records (ECF Nos. 18 & 26) and one motion to strike records. (ECF No. 24). These motions rehash issues already addressed in the Report and Recommendation and request records that are irrelevant in light of the Court’s ruling on the Petition’s untimeliness. 1 issued are hereby DENIED AS MOOT. (ECF Nos. 18, 24, & 26). IT IS SO ORDERED, this 8th day of April, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 2

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