Harris v. Hobbs

Filing 51

ORDER ADOPTING 45 Report and Recommendations in their entirety; therefore, this habeas petition is dismissed and the certificate of appealability is denied; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 8/10/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EDDY STANLEY HARRIS, JR.
VS.

PETITIONER

CASE NO. 4:09CV00276 SWW

LARRY NORRIS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received proposed Findings and Recommendations from Magistrate
Judge H. David Young. After careful review of those Findings and Recommendations, the
timely objections received thereto, and a de novo review of the record, the Court concludes that
the Findings and Recommendations should be, and hereby are, approved and adopted in their
entirety as this court's findings in all respects. Judgment will be entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases
in the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a
denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 10th day of August, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE