Hammock v. Hobbs

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 ; and denying a certificate of appealability. Signed by Judge Susan Webber Wright on 9/9/10. (bkp)

Hammock v. Hobbs

Doc. 13

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION
PHILLIP HAMMOCK v. NO. 5:10CV00149 SWW RESPONDENT PETITIONER

RAY HOBBS, interim Director of the Arkansas Department of Correction ORDER

The Court has received findings and a recommendation from Magistrate Judge H. David Young. No objections have been filed. After a careful, de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. The petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Phillip Hammock is dismissed. All requested relief is denied, and judgment will be entered for respondent Ray Hobbs. In accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District Courts, a certificate of appealability is denied.1 IT IS SO ORDERED this 9th day of September 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

1

The Court is not convinced that Hammock can "demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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