Vanzant v. Hobbs

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 re 2 Petition for Writ of Habeas Corpus. The 15 Motion to Extend Time filed by Mark Edward Vanzant is denied. A certificate of appealability will not issue because Vanzant has not made a substantial showing of the violation of any right. Signed by Judge D. P. Marshall Jr. on 12/13/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK EDWARD VANZANT
ADC#137057

PETITIONER

No. 5:13-cv-307-DPM-HDY

v.

RESPONDENT

RAY HOBBS
ORDER

The Court has considered Magistrate Judge H. David Young's findings
andrecommendations,Ng 13,and Vanzant'sresponses,Ng 14 & 15, which the
Court construes as his objections. On de novo review, the Court adopts Judge
Young's recommendation. FED.R.CIV.P. 72(b)(3). Vanzant'spetitionforwrit
of habeas corpus is dismissed without prejudice. His motion for additional
time to seek pre-authorization from the Court of Appeals, NQ 15, is denied.
Vanzant needs that Court's blessing before filing with this Court. 28 U .S.C. §
2244(b)(3)(A). And should he receive permission, he can always refile his
petition. A certificate of appealability will not issue because Vanzant has not
made a substantial showing of the violation of any right.
So Ordered.
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D.P. Marshall Jr.
United States District Judge