Scott v. Hobbs

Filing 14

ORDER ADOPTING AMENDED AND SUBSTITUTED PROPOSED FINDINGS AND RECOMMENDATIONS 12 and dismissing plaintiff's petition for writ of habeas corpus without prejudice. A certificate of appealability will not issue. Signed by Judge D. P. Marshall Jr. on 9/27/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PLAINTIFF DEVERICK SCOTT ADC # 131042 v. No. 5:12-cv-229-DPM-JJV RAY HOBBS, Director, Arkansas Department of Correction DEFENDANT ORDER The Court has considered Magistrate Judge Joe J. Volpe's amended and substituted proposed findings and recommendations, Document No. 12, and Scott's objections, Document No. 13. On de novo review, the Court adopts Judge Volpe's proposal as its decision. FED. R. Crv. P. 72(b)(3). Scott's objections do not remedy his failure to exhaust the available state remedies. Scott's petition for writ of habeas corpus, Document No. 1, is dismissed without prejudice. A certificate of appealability will not issue because Scott has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(2). So Ordered. D.P. Marshall Jr. United States District Judge

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