Mendiola v. Norris

Filing 37

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

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. § 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