Hayes v. Hobbs

Filing 16

ORDER ADOPTING 14 Report and Recommendations that the Petition for Writ of Habeas Corpus be denied; the certificate of appealability is denied. Signed by Judge Susan Webber Wright on 9/5/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEFFERY HAYES VS. PETITIONER CASE NO. 5:12V00158 SWW RAY HOBBS, Director of the Arkansas Department of Correction RESPONDENT ORDER The Court has received proposed Findings and Recommendations from Magistrate Judge H. David Young. After careful review of those Findings and Recommendations, the timely objections received thereto, and a de novo review of the relevant portion of the record, see 28 U.S.C. § 636(b)(1)(C), the Court concludes that the Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. Judgment will be entered accordingly. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS SO ORDERED this 5th day of September 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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