Heffernan v. Hobbs

Filing 17

ORDER ADOPTING 12 Report and Recommendations in their entirety; therefore, the petition for writ of habeas corpus is dismissed; all requested relief is denied, and a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 4/20/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT HEFFERNAN
PETITIONER
v.

NO. 5:12CV00065 SWW

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has received findings and a recommendation from Magistrate Judge H. David
Young. After a careful review of the findings and recommendation, the timely objections received
thereto, and a de novo review of the record, the Court concludes that the findings and
recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s
findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by
petitioner Robert Heffernan is dismissed because he failed to obtain the permission of the United
States Court of Appeals for the Eighth Circuit before filing his petition. All requested relief is
denied, and, in accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The
United States District Courts, a certificate of appealability is denied. Judgment will be entered for
respondent Ray Hobbs.
IT IS SO ORDERED this 20TH day of April, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE