Hill v. Hobbs

Filing 17

ORDER ADOPTING 13 Report and Recommendations; therefore, this petition is dismissed without prejudice; the certificate of appealability is denied. Signed by Judge J. Leon Holmes on 4/1/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JESSIE HILL
v.

PETITIONER
NO. 5:13CV00014 JLH-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 1st day of April, 2013.

UNITED STATES DISTRICT JUDGE