Williams v. Hobbs

Filing 8

ORDER adopting the proposed findings and recommended disposition;dismissing Williams's petition for writ of habeas corpus without prejudice; denying all pending motions as moot; and denying a certificate of appealability. Signed by Judge Brian S. Miller on 5/24/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL WAYNE WILLIAMS, ADC #93995
v.

PETITIONER

CASE NO.: 5:12CV00161 BSM/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Beth Deere and the filed objections have been reviewed. After carefully
considering these documents and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects. Accordingly, Michael Wayne Williams’s petition for
writ of habeas corpus [Doc. No. 2] is dismissed without prejudice, and all pending motions
are denied as moot.
When entering a final order adverse to a habeas corpus petitioner, a district 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). Because Williams
has failed to make such a showing, a certificate of appealability is denied.
IT IS SO ORDERED this 24th day of May 2012.
________________________________
UNITED STATES DISTRICT JUDGE