Foster v. Hobbs

Filing 44

ORDER ADOPTING 36 the proposed findings and recommendations, in their entirety in all respects; dismissing this complaint with prejudice; and denying 37 the motion for writ of mandamus. A certificate of appealability will not be issued because petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 6/18/2013. (kdr) (Additional attachment(s) added on 6/18/2013: # 1 Main Document - Correct) (thd).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES E. FOSTER, JR.
ADC #147301
v.

PETITIONER

CASE NO. 5:12CV00173 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

JUDGMENT
The proposed findings and recommendations from United States Magistrate Judge
Jerome T. Kearney, along with the filed objections, have been reviewed. After careful
consideration and a de novo review, it is concluded that the findings and recommendations
should be, and hereby are, approved and adopted in their entirety in all respects.
Accordingly, judgment shall be entered dismissing this complaint with prejudice. The
motion for writ of mandamus [Doc. No. 37] is denied.
A certificate of appealability will not be issued because petitioner has not made a
substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).
DATED this 18th day of June 2013.

UNITED STATES DISTRICT JUDGE