Paige v. Hobbs et al

Filing 17

ORDER APPROVING AND ADOPTING 13 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; declining to issue a certificate of appealability; and dismissing with prejudice Mr. Paige's 2 petition. The Court denies the requested relief. Signed by Judge Kristine G. Baker on 05/11/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD BURKE PAIGE
v.

PLAINTIFF
Case No. 5:14-cv-00033-KGB

RAY HOBBS, Director,
Arkansas Department of Correction

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. No. 13) and Petitioner Richard Burke Paige’s objections
(Dkt. No. 16). After carefully considering the objections and making a de novo review of the
record in this case, the Court approves and adopts in their entirety the Proposed Findings and
Recommendations 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 Mr. Paige has made a substantial showing of a
denial of a constitutional right. Thus, the Court declines to issue a certificate of appealability.
Accordingly, the Court dismisses with prejudice Mr. Paige’s petition (Dkt. No. 2). The
Court denies the requested relief.
SO ORDERED this 11th day of May, 2015.

_______________________________
Kristine G. Baker
United States District Judge