Banks v. Outlaw

Filing 10

ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, this peition for writ of habeas corpus is dismissed without prejudice; a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 11/13/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION FREDERICK BANKS Reg #05711-068 VS. PETITIONER NO. 2:12-CV-00141-SWW-BD T.C. OUTLAW, Warden, Federal Correctional Complex, Forrest City, Arkansas RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere; has considered Mr. Banks’s objections to the Recommendation; and has reviewed de novo those portions of the Recommendation to which Mr. Banks objects. After careful consideration, this Court adopts the Recommendation as its own.1 Frederick Banks’s petition for writ of habeas corpus (docket entry #2) is dismissed without prejudice. When entering a final order adverse to a habeas corpus petitioner, the Court must issue or deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A certificate of appealability may issue only if a petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied. 1 It is clear from the record that Mr. Banks failed to exhaust his administrative remedies before he filed his petition. IT IS SO ORDERED, this 13th day of November, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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