Franklin v. Hobbs

Filing 17

ORDER ADOPTING 14 Report and Recommendations; therefore, the petition for writ of habeas corpus is denied, dismissing this case in its entirety with prejudice; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 5/31/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FRANK LEE FRANKLIN ADC #087441 V. PETITIONER NO. 5:10-cv-00066 SWW RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Court notes that petitioner submitted with his objections evidence that he appealed the disciplinary that is the subject of the petition through the Arkansas Department of Correction administrative appeal process. See docket entry 16 at 4-6. Except for the finding that petitioner did not use the appeal process, the Court adopts the Findings and Recommendations of the Magistrate Judge in their entirety as this Court's findings. Accordingly, this 28 U.S.C. § 2254 petition for writ of habeas corpus is hereby denied, dismissing this case in its entirety with prejudice. Furthermore, a certificate of appealability is denied, as Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2); Rule 11, Rules Governing § 2254 Cases in United States District Courts. IT IS SO ORDERED this 31st day of May, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?