Alexander v. Hobbs

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 granting 5 Motion to Dismiss; finding as moot 8 Motion to Appoint Counsel. The Court declines to issue a certificate of appealability. Signed by Judge D. P. Marshall Jr. on 12/5/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CLARENCE SIDNEY ALEXANDER,
ADC#69999

v.

PETITIONER

5:12-cv-332-DPM-JJV

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has considered Magistrate Judge Joe J. Volpe's Proposed
Findings and Recommended Disposition, Document No. 9, and Alexander's
objections, Document No. 10. After de novo review, FED. R. CIV. PRO. 72(b), the
Court adopts Judge Volpe's well-crafted proposal as its decision. Hobbs's
motion to dismiss, Document No.5, is granted. All other pending motions are
denied as moot. Alexander's Petition for Writ of Habeas Corpus, Document
No.2, is dismissed. The Court declines to issue a certificate of appealability

because Alexander did not make a substantial showing of the denial of a
constitutional right. 28 U.S.C. § 2253(c)(l)-(2).
So Ordered.
D.P. Marshall Jr.
U.S. District Court Judge
5 December 2012