Culbertson v. Hobbs
ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, the habeas petition 2 is dismissed with prejudice; the requested relief is denied; any pending motions are denied as moot 11 13 ; the certificate of appealability is denied. Signed by Judge Susan Webber Wright on 5/10/13. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAY HOBBS, Director,
Arkansas Department of Correction
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Petitioner’s 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. Culbertson 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. Culbertson’s Petition (Doc. No. 2) is
DISMISSED with prejudice. The requested relief is denied and any pending motions are denied
DATED this 10th day of May, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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