Jackson v. Hobbs

Filing 15

ORDER ADOPTING 11 the proposed findings and recommended disposition; granting 5 respondent's motion to dismiss; denying 2 petitioner's writ of habeas corpus; dismissing this case, with prejudice; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 9/17/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES LEE JACKSON
ADC #130514
V.

PETITIONER

CASE NO. 5:12CV00461 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition from United States Magistrate
Judge J. Thomas Ray have been reviewed, along with the objections filed by petitioner.
After careful considering these documents and conducting a de novo review of the record in
this case, it is concluded that the proposed findings and recommended disposition should be,
and hereby are, approved and adopted in all respects.
It is therefore ordered that respondent’s motion to dismiss [Doc. No. 5] is granted, and
petitioner’s writ of habeas corpus under 28 U.S.C. § 2254 [Doc. No. 2] is denied.
Accordingly, this case is dismissed with prejudice. It is further ordered that a certificate of
appealability is denied pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases
in the United States District Courts.
An appropriate judgment shall accompany this order.
IT IS SO ORDERED this 17th day of September 2013.

________________________________
UNITED STATES DISTRICT JUDGE