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ROBERSON v. HELDER
JIMM HENDREN, District Judge
Now on this 8th day of June, 2011, come on for consideration the parties' Joint Motion To Remand To The Fayetteville District Court (document #18) and the Magistrate Judge's Report And Recommendation (document #19), to which no objections have been made. The Court, having carefully reviewed said Report And Recommendation, finds that it is sound in all respects, and that it should be adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report And Recommendation is adopted. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report And Recommendation, plaintiff's Petition For Writ Of Habeas Corpus By A Person In State Custody is granted. IT IS FURTHER ORDERED that the sentence imposed on plaintiff by the District Court of Fayetteville, Arkansas, is vacated, and the matter is remanded to the District Court of Fayetteville, Arkansas for re-sentencing within 120 days of the date of this Order, failing which the charges against him shall be deemed dismissed with prejudice.
IT IS SO ORDERED.
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