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)

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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 -2-

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