Wilson v. Hobbs

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 and dismissing the petition for writ of habeas corpus and amended petition for writ of habeas corpus with prejudice. A certificate of appealability is denied. Signed by Judge Susan Webber Wright on 9/13/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK W. WILSON
VS.

PETITIONER
CASE NO.: 5:12CV00120 SWW/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. Mark W. Wilson’s Petition for
Writ of Habeas Corpus (docket entry #1) and Amended Petition for Writ of Habeas Corpus
(#8) are dismissed, with 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,
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 September, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE