Mendiola v. Norris

Filing 37

ORDER approving and adopting 20 Report and Recommendations. Signed by Judge Brian S. Miller on 12/22/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSE ENRIQUE MENDIOLA ADC# 130653 v. PETITIONER CASE NO. 5:09CV00226 BSM RAY HOBBS, Director Arkansas Department of Correction et al. RESPONDENT ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young [Doc. No. 20] and the filed objections [Doc. No. 23] have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. When entering a final order adverse to a petitioner, a certificate of appealability must be issued or denied. See Rule 11 of the Rules Governing Section 2254 and 2255 Cases in the United States District Court. 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. ยง 2253(c)(1)-(2). Johnson has not provided a basis to issue a certificate of appealability, therefore, his certificate of appealability is denied. An appropriate judgment shall accompany this order. ORDERED this 22nd day of December 2011. UNITED STATES DISTRICT JUDGE

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