Cincoski v. Hobbs

Filing 39

ORDER adopting 33 Magistrate Judge H. David Young's Proposed Findings and Recommendations. Cincoski's 1 Petition is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 9/1/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

DANIEL CINCOSKI

v.

PETITIONER

Case No. 5:10-cv-341-DPM

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has considered Magistrate Judge H. David Young's proposed
Findings and Recommendation, Document No. 33, and Daniel Cincoski's
objections, Document No. 38. Having conducted a de novo review, the Court
adopts Judge Young's proposal as its own. Cincoski's petition, Document No.
1, is dismissed without prejudice. His constitutional claims about inadequate
medical care and conditions survive in a companion case, No. 1:09-cv-38­
SWW-JJV. A certificate of appealability is not appropriate because Cincoski
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

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