Dunahue v. Hobbs

Filing 5

ORDER dismissing Case Nos. 5:13CV00391 and 5:13CV00392 and denying a certificate of appealability. Signed by Judge Kristine G. Baker on 11/03/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
REGINALD DUNAHUE
ADC #106911
v.

PETITIONER

Case No. 5:13-cv-00391 KGB/BD
Consolidated with Case No. 5:13-cv-00392 KGB/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

On December 23, 2013, petitioner Reginald Dunahue filed two habeas corpus
petitions with this Court.

Because both petitions related to the same state-court

conviction, the Court consolidated the petitions.

The Court has reviewed the

Recommended Disposition filed by Magistrate Judge Beth Deere (Dkt. No. 8),
recommending that both petitions be dismissed with prejudice, and the objections to that
recommendation filed by Mr. Dunahue (Dkt. No. 9). After careful consideration of these
documents and a de novo review of the record, this Court approves and adopts the
Recommended Disposition in its entirety as this Court’s findings in all respects.
Therefore, the Court denies and dismisses with prejudice Mr. Dunahue’s petitions for
writ of habeas corpus (Case No. 5:13-cv-00391, Dkt. No. 2; Case No. 5:13-cv-00392,
Dkt. No. 2).
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,
the Court finds no basis to issue a certificate of appealability. Accordingly, the Court
denies a certificate of appealability.

SO ORDERED this 3rd day of November, 2014.

_______________________________
Kristine G. Baker
United States District Judge

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