Oliver v. Hobbs

Filing 14

ORDER ADOPTING 10 Report and Recommendations; therefore, this habeas action is dismissed and the certificate of appealability is denied. Signed by Judge Kristine G. Baker on 9/23/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KELLY LAMONT OLIVER
v.

PETITIONER
No. 5:13-cv-00010 KGB

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. Though petitioner filed a motion for extension of time to file an objection to
the proposed Findings and Recommendations (Dkt. No. 11), which the Court granted (Dkt. No.
12), and a letter inquiring into the status of his case after the extended deadline to object (Dkt.
No. 13), petitioner filed no objections. After careful review, 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
the denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 23rd day of September, 2013.

____________________________________
Kristine G. Baker
United States District Judge