Jackson v. Hobbs

Filing 19

ORDER adopting as modified 13 Proposed Findings and Recommendations. Jackson's 18 Objections are overruled. The Court declines to adopt the last three sentences (and embedded citations) in the first full paragraph on page 10 of the proposal. The material is surplusage. A certificate of appealability will not issue because Jackson has not made a substantial showing that the Constitution was violated in his case. Signed by Judge D. P. Marshall Jr. on 9/9/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL D. JACKSON
ADC # 140871
v.

PETITIONER
No. 5:13-cv-343-DPM-JJV

RAY HOBBS,
Director, ADC

RESPONDENT
ORDER

On de novo review, the Court adopts Magistrate Judge Volpe's Proposed
Findings and Recommendations, NQ 13, as modified. FED. R. Crv. P. 72(b)(3).
Jackson's objections, NQ 18, are overruled. The Court declines to adopt the last
three sentences (and embedded citations) in the first full paragraph on page
10 of the proposal. This material is surplusage. A certificate of appealability
will not issue because Jackson hasn't made a substantial showing that the
Constitution was violated in his case. 28 U.S.C. § 2253(c)(1)-(2).
So Ordered.

D.P. Marshall Jr. f
United States District Judge