Smith v. Hobbs

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS 31 dismissing plaintiff's petition for writ of habeas corpus, amended petition and supplements with prejudice. A certificate of appealability is denied. Signed by Judge James M. Moody on 8/22/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICKY SMITH
ADC #133989
VS.

PETITIONER

CASE NO. 5:11CV00072-JMM-BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received the Recommended Disposition from Magistrate Judge
Beth Deere, and has reviewed de novo those portions of the report and recommendation
to which Mr. Smith objected. This Court adopts the Recommendation as its own. Mr.
Smith’s Petition for Writ of Habeas Corpus, Amended Petition, and Supplements (docket
entry #1, #9, #22, #24, #26, #27, and #28) are dismissed, with prejudice.
When entering a final order adverse to a habeas corpus petitioner, the Court must
issue or deny a certificate of appealability. Rule 11, Rules Governing Section 2254
Cases. 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). In this case,
Mr. Smith has not provided a basis for this Court to issue a certificate of appealability.
Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED, this 22 day of August , 2012.

________________________________
UNITED STATES DISTRICT JUDGE