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)

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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 I -2­ ¥= ;)0/1

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