Parker v. Arkansas, State of et al

Filing 12

ORDER ADOPTING 10 Proposed Findings and Recommended Disposition: It is therefore ORDERED that Mr. Parker's 2 Petition for Writ of Habeas Corpus is DISMISSED with prejudice and a certificate of appealability is DENIED. Signed by Judge Susan Webber Wright on 5/27/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GARY PARKER, ADC #82735
Petitioner,
v.
STATE OF ARKANSAS; and
RAY HOBBS, Director,
Arkansas Department of Correction
Respondents.

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No. 5:13CV00287-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and the Petitioner’s objections. After carefully
considering the objections and making a de novo review of the record in this case, the Court
concludes that the Proposed Findings and Recommended Disposition should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the
United States District Court, the Court must determine whether to issue a certificate of appealability
in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has
made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The
Court finds no issue on which Mr. Parker has made a substantial showing of a denial of a
constitutional right. Thus, the certificate of appealability is denied.
IT IS THEREFORE ORDERED that Mr. Parker’s Petition for Writ of Habeas Corpus (Doc.
No. 2 ) is DISMISSED with prejudice and a certificate of appealability is DENIED.
DATED this 27th day of May 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE