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)

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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

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