Moten v. Hobbs

Filing 32

ORDER adopting 27 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Moten's petition and amended petition are DISMISSED with prejudice. The requested relief is denied. The cerificate of appealability is denied. Signed by Judge J. Leon Holmes on 5/29/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROBERT J. MOTEN, ADC# 104692 v. PETITIONER No. 5:14CV00024 JLH-JJV RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties’ 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 Robert J. Moten has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS THEREFORE ORDERED that Moten’s petition and amended petition are DISMISSED with prejudice. Documents #2 and #5. The requested relief is denied. DATED this 29th day of May, 2014. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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