Sims v. Hobbs
ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 6 and dismissing the case. The certificate of appealability is denied. Signed by Judge James M. Moody on 4/3/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROGER DALE SIMS
CASE NO. 5:12CV00056 JMM
RAY HOBBS, Director of the
Arkansas Department of Correction
The Court has received proposed Findings and Recommendations from Magistrate Judge
H. David Young. No objections have been filed. After careful review, the Court concludes that
the Findings and Recommendations should be, and hereby are, approved and adopted in their
entirety as this Court's findings in all respects. Judgment will be entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in
the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a
denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 3rd day of April, 2012.
UNITED STATES DISTRICT JUDGE
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