Scott v. Maples et al

Filing 14

ORDER ADOPTING 13 Report and Recommendations; therefore, the habeas petition 1 is DISMISSED WITH PREJUDICE and the certificate of appealability is DENIED. Signed by Judge J. Leon Holmes on 10/18/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JULIE MICHELLE SCOTT, ADC # 709865 v. PETITIONER No. 5:12CV00443 JLH-JJV RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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 Julie Michelle Scott has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS THEREFORE ORDERED that Julie Michelle Scott’s petition is DISMISSED with prejudice. Document #1. DATED this 18th day of October, 2013. J. LEON HOLMES UNITED STATES DISTRICT JUDE

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