Jones v. Hobbs

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 and dismissing the petition for writ of habeas corpus without prejudice. A certificate of appealability is not appropriate. Signed by Judge D. P. Marshall Jr. on 9/13/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WALTER PHILLIP JONES, JR. ADC #610198 v. PLAINTIFF Case No. 5:10-cv-186-DPM RAY HOBBS, Director, Arkansas Department of Correction DEFENDANT ORDER The Court has considered Magistrate Judge Beth Deere's Recommended Disposition, Document No. 20, regarding Jones's petition for habeas relief. Jones has not objected. Having reviewed the recommendation for clear errors of fact on the face of the record and for legal error, the Court adopts the recommendation in its entirety. Habeas Corpus Rule 8(b). The Court lacks subject-matter jurisdiction over Jones's claims. His petition for writ of habeas corpus, Document No.2, is therefore denied and his claims against Hobbs are dismissed without prejudice. A certificate of appealability is not appropriate because Jones has not made a substantial showing that he has been denied any constitutional right. 28 U.S.C.A. § 2253(c)(1)-(2) (West 2006). So Ordered. D.P. Marshall Jr. }' United States District Judge /3 ~f. ~ol( -2­

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