Harris v. Hobbs

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS and dismissing 2 Petition for Writ of Habeas Corpus with prejudice. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 6/7/113. (kpr) (Docket text modified on 6/7/2013 to correct the ruling.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE MARK HARRIS ADC # 094116 v. PETITIONER Case No. 5:13-cv-000090 KGB/BD RAY HOBBS, Director Arkansas Department of Corrections RESPONDENT ORDER The Court has reviewed the Recommended Disposition file by United States Magistrate Judge Beth Deere (Dkt. No. 8); has considered petitioner Lee Mark Harris’s objections to the Recommended Disposition (Dkt. No. 9); and has reviewed de novo those portions of the Recommended Disposition to which Mr. Harris objects. After careful consideration, this Court adopts the Recommended Disposition as its own. Mr. Harris’s petition for writ of habeas corpus is hereby dismissed with prejudice (Dkt. No. 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. SO ORDERED this the 7th day of June, 2013. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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