Roberts v. Hobbs
ORDER adopting 5 RECOMMENDED DISPOSITION as its own. Brunson Roberts's 2 Petition for Writ of Habeas Corpus is denied and dismissed, with prejudice. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 04/04/2014. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NO. 5:14CV00044 JLH/BD
RAY HOBBS, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition (“Recommendation”) filed
by Magistrate Judge Beth Deere. In addition, the Court has considered Mr. Roberts’s
objections to the Recommendation and has reviewed de novo those portions of the
Recommendation to which Mr. Roberts objects. After careful consideration, this Court
adopts the Recommendation as its own. Brunson Roberts’s petition for writ of habeas
corpus (docket entry #2) is denied and dismissed, with prejudice.
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,
there is no basis for this court to issue a certificate of appealability. Accordingly, a
certificate of appealability is denied.
IT IS SO ORDERED this 4th day of April, 2014.
UNITED STATES DISTRICT JUDGE
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