Benton v. Arkansas, State of et al
ORDER ADOPTING 11 RECOMMENDED DISPOSITION as its own; dismissing Gary Benton's 2 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GARY W. BENTON
Case No. 5:13-cv-00396-KGB/BD
RAY HOBBS, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition filed by Magistrate Judge Beth
Deere (Dkt. No. 11). The parties have not filed any objections, and the time for doing so has
passed. After careful consideration, this Court adopts the Recommended Disposition as its own.
Gary Benton’s petition for writ of habeas corpus is denied and dismissed with prejudice (Dkt.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. See 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.
SO ORDERED this the 18th day of February, 2015.
Kristine G. Baker
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?