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)

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. §
2253(c)(2).
So Ordered.

D.P. Marshall Jr.
United States District Judge