Cummings v. Hobbs

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 denying the petition for writ of habeas corpus and dismissing the case with prejudice. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 7/25/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN CUMMINGS
ADC # 79209
v.

PETITIONER
Case No. 5:12-cv-00378

RAY HOBBS, DIRECTOR
ARKANSAS DEPARTMENT OF CORRECTION

RESPONDENT

ORDER
On May 30, 2013, the Court granted petitioner John Cummings’s motion for extension of
time to file objections to United State Magistrate Judge Beth Deere’s Recommended Disposition
(Dkt. No. 10). Mr. Cummings had up to and including Monday, July 1, 2013, to file his
objections. Mr. Cummings has not filed any objections. Therefore, the Court is prepared to rule
on the Recommended Disposition.
After careful consideration, this Court adopts the Recommended Disposition as its own.
Mr. Cummings’s petition for writ of habeas corpus is hereby denied and dismissed with
prejudice (Dkt. No. 2).
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A
certificate of appealability may issue only if a petitioner has made a substantial showing of the
denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this
Court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.

IT IS SO ORDERED THIS the 25th day of July, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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