Viveros v. Hobbs

Filing 17

ORDER adopting 8 Judge Deere's Recommended Disposition; dismissing 1 Mr. Viveros' 28 U.S.C. § 2254 petition for writ of habeas corpus with prejudice; and, denying a certificate of appealability. Signed by Judge James M. Moody on 9/29/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EFRAIN VIVEROS
ADC #134814
VS.

PETITIONER

CASE NO.: 5:10CV00262 JMM/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has carefully reviewed the record in this case, the Recommended
Disposition received from Magistrate Judge Beth Deere, and the objections to the
recommendation filed by Mr. Viveros. The Court adopts Judge Deere’s recommendation
and dismisses Mr. Viveros’s 28 U.S.C. § 2254 petition for writ of habeas corpus (docket
entry #1) with prejudice.
When entering a final order adverse to a petitioner, the Court must issue or deny a
certificate of appealability. See Rule 11 of the Rules Governing Section 2254 Cases in
the United States District Court. A certificate of appealability may issue only if a
petitioner has made a substantial showing of the denial of a constitutional right. 28
U.S.C. § 2253(c)(1)-(2). In this case, Mr. Viveros has not provided a basis for this court
to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED, this

29

day of

September , 2011.

________________________________
UNITED STATES DISTRICT JUDGE