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)

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proposal as its own, except for the citation to the unpublished opinion in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

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