Nichols v. Hobbs

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS 46 and finding moot the 49 Motion for Order filed by Johnny Lee Nichols. The petition for writ of habeas corpus is dismissed without prejudice. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 4/1/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNY LEE NICHOLS
ADC#115100
VS.

PETITIONER
5:12CV00152 KGB/JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray (Dkt. No. 46) and the filed objections (Dkt. No.
50). After carefully considering these documents and making a de novo review of the record in this
case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects. Mr.
Nichols’s pending motion for judicial notice is moot (Dkt. No. 49). Judgment will be entered
accordingly.
IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 is dismissed without prejudice (Dkt. No. 14). Mr. Nichols’s pending motion for
judicial notice is moot (Dkt. No. 49). It is further ordered a Certificate of Appealability is denied
pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases.
SO ORDERED this the 1st day of April, 2013.

_____________________________
Kristine G. Baker
United States District Judge