Bower v. Hobbs

Filing 15

ORDER adopting 11 Proposed Findings and Recommended Disposition; granting 6 Hobbs' Motion to Dismiss; and, dismissing Bower's petition with prejudice. Signed by Judge D. P. Marshall Jr. on 11/17/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICHARD BOWER ADC #144498 v. PETITIONER No.5:11-cv-63-DPM RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has considered Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Disposition, Document No. 11, and Bower's objection, Document No. 13. Having conducted a de novo review of the record, FED. R. CIV. P. 72(b)(3), the Court adopts Magistrate Judge Ray's well-crafted proposal as its own, except for the citation to the unpublished opinion in United States v. Foster. Hobbs's motion to dismiss, Document No.6, is granted. Bower's petition is dismissed with prejudice. A certificate of appealability is not appropriate because Bower has not made a substantial showing of the denial of a constitutional right. 28 U.s.C. § 2253(c)(1)-(2). So Ordered. } , D.P. Marshall Jr. United States District Judge -2­

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