Bowerman v. Kelley

Filing 20

ORDER ADOPTING 15 Report and Recommendations in toto. Petitioner's petition is DISMISSED WITH PREJUDICE. Signed by Honorable Susan O. Hickey on October 12, 2017. (mjm)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ARBURY C. BOWERMAN v. PETITIONER Case No. 6:16-cv-6056 WENDY KELLY, Director ARKANSAS DEPARTMENT OF CORRECTION RESPONDENT ORDER Before the Court is the Report and Recommendation filed June 30, 2017, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 15). Judge Marschewski recommends that Petitioner’s Motion to Vacate, Set Aside, or Correct a Sentence Pursuant to 28 U.S.C. § 2254 (ECF No. 1) be dismissed. In addition, Judge Marschewski recommends that no certificate of appealability should issue. No party has filed objections to the Report and Recommendation, and the time to object has passed.1 See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts the Report and Recommendation in toto. Accordingly, Petitioner’s petition is DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 12th day of October, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 On July 31, 2017, Petitioner filed a motion for leave to amend his habeas petition. ECF No. 18. On October 12, 2017, the Court issued an Order denying Petitioner’s request to amend his petition. See ECF No. 19.

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