Hervey v. Hobbs

Filing 13

ORDER adopting 12 Report and Recommendations in their entirety as this Court's findings. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge James M. Moody on 10/10/2012. (dmn) Docket text modified on 10/10/2012 to correct the linkage and description of the document filed. (kbc)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARVIS LASHAUN HERVEY,
ADC # 146833
Petitioner,
v.
RAY HOBBS, Director,
Arkansas Department of Correction
Respondent.

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Case No. 5:12-CV-00151 JMM-JTK

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition received from
Magistrate Judge Jerome T. Kearney. There have been no objections. The findings and
recommendations are adopted in their entirety as this Court’s findings.
Accordingly, judgment shall be entered dismissing this complaint without prejudice.
The Court will not issue a certificate of appealability because Petitioner has not made a
substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).
IT IS SO ORDERED this 10th day of October, 2012.

James M. Moody
United States District Judge