Green v. Hobbs

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 dismissing 2 Petition for Writ of Habeas Corpus with prejudice. The certificate of appealability is denied. Signed by Judge James M. Moody on 5/1/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MICHAEL A. GREEN ADC #088957 VS. PETITIONER CASE NO.: 5:11CV00334 JMM/BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) received from Magistrate Judge Beth Deere, and has considered Mr. Green’s objections to the Recommendation and has reviewed de novo those portions of the Recommendation to which Mr. Green objects. This Court adopts the Recommendation as its own. Michael Green’s Petition for Writ of Habeas Corpus (docket entry #2) is dismissed, with prejudice. 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, there is no basis for this court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied. IT IS SO ORDERED, this 1st day of May, 2012. ________________________________ UNITED STATES DISTRICT JUDGE

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