Heard v. Hobbs
Filing
23
FINDINGS AND RECOMMENDATIONS 21 approved and adopted in their entirety as this court's findings in all respects. A certificate of appealability is denied. Signed by Judge Susan Webber Wright on 4/8/2014. (mmd)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRIAN K. HEARD
VS.
PETITIONER
CASE NO. 5:12CV00446 SWW/HDY
RAY HOBBS, Director of the
Arkansas Department of Correction
RESPONDENT
ORDER
The Court has received proposed Findings and Recommendations from
Magistrate Judge H. David Young. After careful review of those Findings and
Recommendations, the timely objections received thereto, and a de novo review of the
record, the Court concludes that the Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this court's findings in all respects.
Judgment will be entered accordingly.
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
petitioner has made a substantial showing of a denial of a constitutional right. Thus, the
certificate of appealability is denied.
IT IS SO ORDERED this 8th day of April, 2014.
/s/Susan Webber Wright
U. S. District Judge
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