Gonder v. Hobbs

Filing 18

ORDER ADOPTING 17 Report and Recommendations of Magistrate Judge. Signed by Judge D. P. Marshall Jr. on 12/28/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

DUANE J. GONDER
A.D.C. # 147996

v.

PETITIONER

No. 5:12-cv-186-DPM-HDY

RAY HOBBS, Director, Arkansas
Department of Correction

RESPONDENT

ORDER
The Court has reviewed Magistrate Judge Young’s proposed findings
and recommendations on Gonder’s petition for a writ of habeas corpus.
Document No. 17. No one has objected. The Court sees no clear error on the
face of the record, or legal error, and adopts Judge Young’s careful proposal
as its own decision. FED. R. CIV. P. 72(b) (Advisory Committee Notes 1983
Addition). If the calendar does not bar Gonder’s petition, and the Court
concludes it does, then his sentence-specific plea agreement and the Arkansas
Supreme Court’s 28 U.S.C. § 2254(d)(1)&(2)-compliant analysis on the
ineffectiveness issue does. Gonder has made no substantial showing about
denial of a constitutional right, so no certificate of appealability will issue.

So Ordered.

________________________
D.P. Marshall Jr.
United States District Judge
28 December 2012

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