Alexander/Ryahim v. Hobbs

Filing 24

ORDER ADOPTING 16 Report and Recommendations in their entirety, with one exception; on 6/6/11 the Eighth Circuit denied petitioner's application for permission to file a second or successive petition; finding no issue on which petitioner has made a substantial showing of a denial of a constitutional right, the certificate of appealability is denied; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 6/23/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES ALEXANDER/RYAHIM
v.

PETITIONER

NO. 5:11CV00102 JLH

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received proposed Findings and Recommendations from Magistrate Judge
H. David Young. After careful review of those Findings and Recommendations, the timely
objections received thereto, and a de novo review of the record, the Court concludes that the Findings
and Recommendations should be, and hereby are, approved and adopted in their entirety as this
court’s findings in all respects, with one exception. The recommended disposition stated that
Alexander/Ryahim’s April 2011 application to the Eighth Circuit for permission to file a second or
successive petition was pending. On June 6, 2011, the Eighth Circuit denied that application.
Alexander/Ryahim v. State of Arkansas, Eighth Cir. Docket No. 11-1955. Judgment will be entered
accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the
United States District Court, the Court must determine whether to issue a certificate of appealability
in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has
made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The
Court finds no issue on which petitioner has made a substantial showing of a denial of a
constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 23rd day of June, 2011.

UNITED STATES DISTRICT JUDGE