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)

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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

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