Lauderdale v. Hobbs

Filing 36

ORDER APPROVING AND ADOPTING 32 PROPOSED FINDINGS AND RECOMMENDATIONS as this Court's findings in all respects; dismissing 2 petition for writ of habeas corpus; and denying all pending motions as moot. The Court will not issue a certificate of appealability. Signed by Judge Kristine G. Baker on 02/19/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KITAKA LAUDERDALE v. PETITIONER Case No. 5:13-cv-00040-KGB RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received the Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 32). Petitioner Kitaka Lauderdale has filed objections to the Proposed Findings and Recommendations (Dkt. No. 33), as well as a letter that the Court construes as supplemental objections (Dkt. No. 35). After careful review of the Proposed Findings and Recommendations and the timely objections thereto, as well as a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and are hereby, approved and adopted in their entirety as this Court’s findings in all respects. Petitioner’s petition is hereby dismissed with prejudice and the request for relief is denied. All remaining pending motions are denied as moot. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c). Accordingly, judgment shall be entered dismissing with prejudice this case. SO ORDERED this the 19th day of February, 2015. _______________________________ Kristine G. Baker United States District Judge

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