Wade v. Hobbs

Filing 12

ORDER approving and adopting in all respects as this Court's findings 7 Proposed Findings and Recommendations. Judgment will be entered dismissing this complaint with prejudice. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge James M. Moody on 6/25/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ERNEST DEAN WADE
ADC # 88041
Petitioner,
v.
RAY HOBBS, Director,
Arkansas Department of Correction
Respondent.

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Case No. 5:11-CV-00279 JMM-JTK

ORDER
The Court has received the Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney. After careful review of the findings and recommendations and
the timely objections thereto, as well as a de novo review of the record, the Court concludes that the
findings and recommendations should be, and are hereby, approved and adopted in their entirety as
this Court’s findings in all respects. Although Plaintiff makes the statement in his objections that
he is actually innocent and, therefore, should be allowed to proceed with his petition, Plaintiff has
failed to provide any evidence to support his contention. See Schlup v. Delo, 513 U.S. 298, 324, 115
S.Ct. 851, 865 (1995) (“To be credible, such a claim [of actual innocence] requires petitioner to
support his allegations of constitutional error with new reliable evidence—whether it be exculpatory
scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not
presented at trial. Because such evidence is obviously unavailable in the vast majority of cases,
claims of actual innocence are rarely successful.”)
Accordingly, judgment shall be entered dismissing this complaint with prejudice.
The Court will not issue a certificate of appealability because Petitioner has not made a
substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).

IT IS SO ORDERED this 25th day of June, 2012.

James M. Moody
United States District Judge

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