Johnson v. Hobbs
ORDER adopting 23 Magistrate Judge Beth Deere's proposed findings and recommended disposition; dismissing 2 Johnson's petition for writ of habeas corpus with prejudice; and denying Johnson's certificate of appealability. Signed by Judge Brian S. Miller on 12/1/11. (hph)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILBERT L. JOHNSON
CASE NO. 5:10CV00375 BSM/BD
RAY HOBBS, Director,
Arkansas Department of Correction
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Beth Deere [Doc. No. 23] and the filed objections [Doc. Nos. 25 and 26]
have been reviewed. After carefully considering these documents and making a de novo
review of the record, it is concluded that the proposed findings and recommended
disposition should be, and hereby are, approved and adopted in their entirety in all respects.
Wilbert L. Johnson’s petition for writ of habeas corpus [Doc. No. 2] is dismissed with
When entering a final order adverse to a petitioner, a certificate of appealability must
be issued or denied. See Rule 11 of the Rules Governing Section 2254 and 2255 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).
Johnson has not provided a basis to issue a certificate of appealability, therefore, his
certificate of appealability is denied.
IT IS THEREFORE ORDERED that:
1. Johnson’s petition for writ of habeas corpus [Doc. No. 2] is dismissed with
2. Johnson’s certificate of appealability is denied.
ORDERED this 1st day of December 2011.
UNITED STATES DISTRICT JUDGE
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