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)

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.

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IT IS SO ORDERED, this 7 day of September , 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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