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)

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