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)

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