Pitts v. Hobbs

Filing 16

ORDER ADOPTING 15 the findings and recommendation; granting 7 respondent Ray Hobbs's motion to dismiss; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 10/30/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH RAY PITTS
v.

PETITIONER
CASE NO. 5:13CV00197 BSM

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The findings and a recommendation from United States Magistrate Judge H. David
Young have been reviewed. No objections have been filed. After a careful consideration
and a de novo review of the record, it is found that the findings and recommendation should
be, and hereby are, approved and adopted in their entirety.
The motion to dismiss [Doc. No. 7] filed by respondent Ray Hobbs (“Hobbs”) is
granted, and the petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by
petitioner Kenneth Ray Pitts is dismissed. Judgment will be entered for Hobbs. In
accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The United States
District Courts, a certificate of appealability is denied.
IT IS SO ORDERED this 30th day of October 2013.

UNITED STATES DISTRICT JUDGE