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)

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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. ยง 2253(c)(l)-(2). So Ordered. D.P. Marshall Jr. U.S. District Court Judge 5 December 2012

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