Hutchinson v. Hobbs

Filing 20

ORDER ADOPTING 18 Report and Recommendations; therefore, Hutchinson's Petition for Writ of Habeas Corpus 2 is dismissed with prejudice; a certificate of appealability is denied. Signed by Judge J. Leon Holmes on 10/3/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DENNIS HUTCHINSON
ADC#143206
v.

PETITIONER

NO. 5:13CV00052 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere; has considered Dennis Hutchinson’s objections to the
Recommendation; and has reviewed de novo those portions of the Recommendation to which
Hutchinson objects. After careful consideration, this Court adopts the Recommendation as its own.
Hutchinson’s petition for writ of habeas corpus is dismissed with prejudice. Document #2.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A
certificate of appealability may issue only if a petitioner has made a substantial showing of the denial
of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this Court to
issue a certificate of appealability. Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED this 3rd day of October, 2013.

__________________________________
UNITED STATES DISTRICT JUDGE