Rodriguez v. Hobbs

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 dismissing the case and denying the certificate of appealability. Signed by Judge James M. Moody on 6/24/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
FERNANDO RODRIGUEZ
VS.

PETITIONER

CASE NO. 5:11CV00032 JMM

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has received proposed Findings and Recommendations from Magistrate
Judge H. David Young. No objections have been filed. After careful review, the Court
concludes that the Findings and Recommendations should be, and hereby are, approved and
adopted in their entirety as this Court's findings in all respects. Judgment will be entered
accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases
in the United States District Court, the Court must determine whether to issue a certificate
of appealability in the final order. In § 2254 cases, a certificate of appealability may issue
only if the applicant has made a substantial showing of the denial of a constitutional right.
28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which petitioner has made a
substantial showing of a denial of a constitutional right. Thus, the certificate of appealability
is denied.
IT IS SO ORDERED this 24

day of

June , 2011.

UNITED STATES DISTRICT JUDGE