Arnold v. Hobbs

Filing 9

ORDER ADOPTING 8 Report and Recommendations in its entirety; therefore, the Petition for Writ of Habeas Corpus is dismissed with prejudice; a certificate of appealability is denied. Signed by Judge J. Leon Holmes on 10/15/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES CORTEZ ARNOLD
ADC #114047
v.

PETITIONER

NO. 5:12CV00224 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation.
This Court adopts the Recommendation as its own. James Cortez Arnold’s Petition for Writ of
Habeas Corpus is dismissed, with prejudice. Document #2.
When entering a final order adverse to a habeas corpus petitioner, the 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). In this case, there is no basis for this court to issue
a certificate of appealability. Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED this 15th day of October, 2012.

__________________________________
UNITED STATES DISTRICT JUDGE