Mitchael v. Hobbs

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 and dismissing case. Signed by Judge James M. Moody on 5/31/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RODNEY L. MITCHAEL v. PETITIONER NO. 5:10CV00371 JMM RAY HOBBS, Director of the Arkansas Department of Correction RESPONDENT ORDER The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Rodney L. Mitchael is dismissed. All requested relief is denied, and, in accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District Courts, a certificate of appealability is denied.1 Judgment will be entered for respondent Ray Hobbs. 1 The Court is not convinced that petitioner can make a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. 2253(c)(2). IT IS SO ORDERED this 31 day of May , 2011. UNITED STATES DISTRICT JUDGE -2-

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