Guy v. Hobbs

Filing 23

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS granting renewed 17 Motion to Dismiss filed by Ray Hobbs and 9 Motion to Dismiss filed by Ray Hobb. A certificate of appealability is denied. Signed by Judge James M. Moody on 12/13/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BENNIE DAVID GUY

v.

PETITIONER

NO. 5:11CV00233 JMM

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER

The Court has received findings and a recommendation from United States
Magistrate Judge H. David Young. After a careful review of the findings and
recommendation, the timely objections received thereto, and a de novo review of the
record, the Court concludes that the findings and recommendation should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all
respects. The motion to dismiss and renewed motion to dismiss filed by respondent Ray
Hobbs (“Hobbs”) are granted, see Documents 9 and 17, and the petition for writ of
habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Bennie David Guy is
dismissed. All requested relief is denied, and, in accordance with Rule 11(a) of the Rules
Governing Section 2254 Cases In The United States District Courts, a certificate of
appealability is denied. Judgment will be entered for Hobbs.

IT IS SO ORDERED this

13

day of

December , 2011.

UNITED STATES DISTRICT JUDGE

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