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)
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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