Heard v. Hobbs

Filing 8

ORDER ADOPTING 6 Report and Recommendations in their entirety; therefore, Mr. Heard's Petition for Writ of Habeas Corpus is dismissed without prejudice; a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 4/27/12. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEMETRIUS LETRON HEARD ADC #601345 VS. PETITIONER CASE NO.: 5:12CV00091 SWW/BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition received from Magistrate Judge Beth Deere. No objections to the Recommendation have been filed. This Court adopts the Recommendation and dismisses Mr. Heard’s Petition for Writ of Habeas Corpus (docket entry #1) without 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, Mr. Heard 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 27th day of April, 2012. /s/Susan Webber Wright 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?