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)

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