Morris v. Hobbs

Filing 6

ORDER ADOPTING 4 Report and Recommendations in their entirety; therefore, this habeas petition is dismissed without prejudice; all pending motions are denied as moot 1 3 ; a certificate of appealability is denied. Signed by Chief Judge J. Leon Holmes on 1/3/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DENNIS D. MORRIS
ADC #654661
v.

PETITIONER

NO. 5:11CV00298 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition received from Magistrate
Judge Beth Deere. The parties have not filed any objections to the Recommendation. This
Court adopts the Recommendation and dismisses Mr. Morris’s Petition for Writ of Habeas
Corpus (docket entry #2) without prejudice. All pending motions are denied as moot.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue
or deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases.
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. Morris
has not provided a basis for this court to issue a certificate of appealability. Accordingly, a
certificate of appealability is denied.
IT IS SO ORDERED this 3rd day of January, 2012.

_________________________________
UNITED STATES DISTRICT JUDGE