Harris v. Hobbs

Filing 9

ORDER ADOPTING 7 Report and Recommendations in their entirety; therefore, Mr. Harris's habeas petition 2 is DISMISSED WITH PREJUDICE; the relief requested is denied; a certificate of appealability is denied. Signed by Judge J. Leon Holmes on 11/29/12. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ELCID HARRIS, ADC #090600 v. PETITIONER No. 5:12CV00343 JLH-JJV RAY HOBBS, Director, Arkansas Department of Corrections RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties’ objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which Mr. Harris has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS THEREFORE ORDERED that Mr. Harris’s petition (Doc. No. 2) is DISMISSED with prejudice. The requested relief is denied and any pending motions are denied as moot. DATED this 29th day of November, 2012. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?