Banks v. Hobbs

Filing 27

ORDER adopting 22 recommended disposition in all respects; dismissing with prejudice 1 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 03/25/2016. (alm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

NICKARLOS ANTWAN BANKS
ADC #106872
v.

PETITIONER

CASE NO. 5:14CV00048 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition submitted by United States Magistrate Judge J. Thomas
Ray and petitioner’s objections thereto have been reviewed. In his objection [Doc. No. 25],
petitioner Nickarlos Banks argues that his change of plea was involuntary because he was
under the influence of crack cocaine during his change of plea hearing. Banks filed this
petition over two years ago, and this is the first time he has mentioned being under the
influence of drugs during the hearing. Banks’s new assertion lacks credibility. See United
States v. Taylor, 515 F.3d 845, 851 (8th Cir. 2008). Accordingly, after carefully considering
these documents and making a de novo review of the record, the recommended disposition
is hereby adopted in all respects.
It is therefore ordered that Banks’s petition for a writ of habeas corpus [Doc. No. 1]
is denied, and this case is dismissed with prejudice. It is further ordered that a certificate of
appealability is denied.

IT IS SO ORDERED this 25th day of March 2016.

________________________________________
UNITED STATES DISTRICT JUDGE