Stokes v. Hobbs

Filing 18

ORDER ADOPTING 10 Report and Recommendations in their entirety; therefore, this habeas petition is dismissed; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 6/28/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE E. STOKES, JR. VS. PETITIONER CASE NO. 5:11CV00106 SWW 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.1 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 28th day of June, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Along with his objections, petitioner filed a motion to appoint counsel [docket entry 14] and a motion for leave to proceed in forma pauperis [docket entry 15]. The motions are denied.

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