Sims v. Hobbs

Filing 17

ORDER ADOPTING 16 Report and Recommendations in their entirety; therefore, Ray Hobbs is GRANTED summary judgment and the petition for writ of habeas corpus is DISMISSED WITH PREJUDICE; all pending motions are denied as moot; a certificate of appealability is denied. Signed by Chief Judge J. Leon Holmes on 7/13/12. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WALTER J. SIMS ADC #134577 v. PETITIONER NO. 5:12CV00043 JLH/BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) received from Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation. This Court adopts the Recommendation as its own. Respondent Ray Hobbs is GRANTED summary judgment, and Petitioner Walter J. Sims’s petition for writ of habeas corpus (#2) is DISMISSED with 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, 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 13th day of July, 2012. __________________________________ UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?