Davis v. Hobbs

Filing 24

ORDER ADOPTING 21 Report and Recommendations in their entirety; therefore, the petition for writ of habeas corpus is dismissed with prejudice;a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 2/28/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KELVIN LYNN DAVIS, JR.
ADC #601731
VS.

PETITIONER

CASE NO. 5:11CV00074 SWW/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received the Recommended Disposition (“Recommendation”) from
Magistrate Judge Beth Deere, and has reviewed de novo those portions of the
Recommendation to which Mr. Davis objected. This Court adopts the Recommendation
as its own. Mr. Davis’s Petition for Writ of Habeas Corpus (docket entry #2) is
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. Davis 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 28th day of February, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE