Ferguson v. Hobbs

Filing 19

ORDER ADOPTING 12 Report and Recommendations in their entirety; therefore, this habeas petition is dismissed with prejudice; a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 6/14/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY R. FERGUSON,
ADC#130598
v.

PETITIONER

5:11-cv-00267-SWW-JJV

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted
in their entirety as this Court's findings in all respects. Additionally, the Court finds that Mr.
Ferguson cannot make the requisite showing that reasonable jurists could debate whether this Court
is correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, no
certificate of appealability will issue.
IT IS, THEREFORE, ORDERED that:
1.

Mr. Ferguson’s Petition (Doc. No. 2) is DISMISSED with prejudice.

2.

A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules
Governing Section 2254 Cases

SO ORDERED this 14th day of June, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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