Grant v. Hobbs

Filing 7

ORDER ADOPTING 3 Report and Recommendations in their entirety; therefore, Grant's 2 Petition for Writ of Habeas Corpus is dismissed without prejudice; all pending motions are denied as moot; Mr. Grant may not file another habeas action in this Court without first obtaining approval from either a Magistrate Judge or a District Judge; a certificate of appealability is denied. Signed by Chief Judge J. Leon Holmes on 2/13/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ABRAHAM GRANT
v.

PETITIONER
NO. 5:12CV00028 JLH-BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received the Recommended Disposition from Magistrate Judge Beth Deere,
and has reviewed de novo those portions of the report and recommendation to which Mr. Grant
objected. This Court adopts the Recommendation as its own. Mr. Grant’s Petition for Writ of
Habeas Corpus (docket entry #2) is dismissed, without prejudice. All pending motions are denied
as moot. Further, Abraham Grant may not file another habeas corpus petition in this Court without
first obtaining approval from either a Magistrate Judge or a District Judge.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11, 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. Grant 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 13th day of February, 2012.

___________________________________
UNITED STATES DISTRICT JUDGE