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)

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