Smith v. Hobbs

Filing 14

ORDER adopting as modified 11 Report and Recommendations.; denying 13 Motion to Compel as moot. The Court overrules Smith's 12 objections and adopts the statute-of-limitation analysis of the 11 Recommendation. No certificate of appealability will issue as Smith has made no substantial showing that his constitutional rights were violated. Signed by Judge D. P. Marshall Jr. on 11/18/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TYRONE RODDELL SMITH
ADC #13372
No. 5:14-cv-70-DPM-JTK
v.

PETITIONER

RESPONDENT

RAY HOBBS
ORDER

On de novo review, the Court overrules Smith's objections, NQ 12, adopts
the statute-of-limitation analysis of the opposed recommendation, NQ 11, and
declines the rest of the recommendation.

FED.

R. CIV. P. 72(b)(3). The record

presents no adequate basis for equitable tolling. Smith's motion to compel, NQ
13, is denied as moot. No certificate of appealability will issue because Smith

has made no substantial showing that his constitutional rights were violated.
28 U.S.C. § 2253(c).
So Ordered.

D.P. Marshall Jr. t/
United States District Judge