Barnes v. Hobbs

Filing 8

ORDER approving and adopting in their entirety in all respects 7 proposed findings and recommended disposition; dismissing without prejudice 2 amended petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 12/2/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT BARNES
ADC#085569
v.

PETITIONER

CASE NO: 5:13CV00062 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray have been reviewed. After careful consideration, it is
concluded that the proposed findings and recommended disposition should be, and hereby
are, approved and adopted in their entirety in all respects.
The amended petition for writ of habeas corpus [Doc. No. 2] pursuant to 28 U.S.C.
§ 2254 filed by Robert Barnes is dismissed without prejudice. In § 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). As there is no issue on which Barnes
has made a substantial showing of a denial of a constitutional right, a certificate of
appealability is denied.
IT IS SO ORDERED this 2nd day of December 2014.
________________________________
UNITED STATES DISTRICT JUDGE