McHaney v. Hobbs

Filing 11

ORDER adopting 9 Report and Recommendations; dismissing McHaney's 1 Petition with prejudice. A certificate of appealability will not issue because McHaney has not made a substantial showing of the violation of any right. Signed by Judge D. P. Marshall Jr. on 1/31/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILLIAM McHANEY
ADC # 111364
v.

PETITIONER
No. 5:12-cv-403-DPM-HDY

RAY HOBBS, Director, ADC

RESPONDENT
ORDER

The Court has considered Magistrate Judge H. David Young's findings
and recommendations, Document No.9, and McHaney's objections, Document
No. 10. On de novo review, the Court adopts Judge Young's recommendation

as its own.

FED.

R. Crv. P. 72(b)(3). McHaney's petition for writ of habeas

corpus is time-barred. 28 U.S.C. § 2244(d)(l)(A). His objections neither
address nor solve the problem.

McHaney's petition is dismissed with

prejudice. A certificate of appealability will not issue because McHaney has
not made a substantial showing of the violation of any right.

So Ordered.

D.P. Marshall Jr.
United States District Judge
31 lftWVNlY ()0/3
I

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