Barnes v. Hobbs

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 granting 11 Motion to Dismiss filed by Ray Hobbs; denying 14 Motion to Compel filed by Guy Clayton Barnes and denying a certificate of appealability. Signed by Judge James M. Moody on 9/7/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GUY CLAYTON BARNES ADC #93209 VS. PETITIONER NO. 5:11CV00143-JMM-BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has carefully reviewed the record in this case, the Recommended Disposition received from Magistrate Judge Beth Deere, and the objections to the recommendation filed by Mr. Barnes. The Court adopts the recommendation and dismisses Guy Clayton Barnes’s petition for writ of habeas corpus (docket entry #1) without prejudice because the Court lacks jurisdiction over the claims raised in the petition. When entering a final order adverse to a petitioner, the Court must issue or deny a certificate of appealability. See Rule 11 of the Rules Governing Section 2254 Cases in the United States District Court. 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. Barnes has not provided a basis for this court to issue of a certificate of appealability. Accordingly, a certificate of appealability is denied. 1 IT IS SO ORDERED, this 7 day of September , 2011. ________________________________ UNITED STATES DISTRICT JUDGE 2

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