Robertson v. Hobbs
ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS; therefore, respondent's 9 Motion to Dismiss is granted, and Robertson's petition for writ of habeas corpus 2 is denied and dismissed with prejudice; a certificate of appealability is denied. Signed by Judge J. Leon Holmes on 11/1/13. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NO. 5:13CV00250 JLH/BD
RAY HOBBS, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. In addition, the Court has considered Derrick Robertson’s objections
to the Recommendation and has reviewed de novo those portions of the Recommendation to which
After careful consideration, this Court adopts the Recommendation as its own. Respondent’s
motion to dismiss (docket entry #9) is granted, and Robertson’s petition for writ of habeas corpus
(docket entry #2) is denied and dismissed, with prejudice.
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 1st day of November, 2013.
UNITED STATES DISTRICT JUDGE
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