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)

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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

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