Henry v. Hobbs

Filing 22

ORDER ADOPTING 16 Report and Recommendations in their entirety; therefore, the petition for writ of habeas corpus 1 is denied as untimely, dismissing this action with prejudice; petitioner's 15 Motion for Appointment of Counsel is denied; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 5/25/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BOBBY DON HENRY
ADC #112048
V.

PETITIONER

NO. 5:10-cv-00372 JLH

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition
received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and
has further reviewed the relevant record de novo. The Findings and Recommendations
are adopted in their entirety as this Court's findings.
Accordingly, this 28 U.S.C. § 2254 petition for writ of habeas corpus (doc. 1) is
denied as untimely, dismissing this action in its entirety with prejudice. Petitioner’s motion
for appointment of counsel (doc. 15) is denied. Furthermore, a certificate of appealability
is denied, as Petitioner has not made a substantial showing of the denial of a constitutional
right. 28 U.S.C. § 2253(c)(1)-(2); Rule 11, Rules Governing § 2254 Cases in United States
District Courts; see Slack v. McDaniel, 529 U.S. 473, 484 (2000) (to satisfy § 2253(c) when
habeas petition is denied on procedural grounds, petitioner must show “that jurists of
reason would find it debatable whether the petition states a valid claim of the denial of a
constitutional right and that jurists of reason would find it debatable whether the district
court was correct in its procedural ruling”).
IT IS SO ORDERED this 25th day of May, 2011.

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UNITED STATES DISTRICT JUDGE