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)

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