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)

Download PDF
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 2

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?