Wallace v. Hobbs

Filing 31

ORDER adopting 25 Findings and Recommendation in their entirety as this Court's findings in all respects; granting 20 Motion to Dismiss. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner Tereginal d Wallace is dismissed without prejudice so that he may seek permission from the Court of Appeals to file his petition. All requested relief is denied, and judgment will be entered for Hobbs. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 7/31/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TEREGINALD WALLACE
v.

PETITIONER
NO. 5:14CV00109 JLH

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received findings and a recommendation from Magistrate Judge H. David
Young. After a careful review of the findings and recommendation, the timely objections received
thereto, and a de novo review of the record, the Court concludes that the findings and
recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s
findings in all respects. The motion to dismiss filed by respondent Ray Hobbs (“Hobbs”) is
GRANTED. Document #20. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
filed by petitioner Tereginald Wallace is dismissed without prejudice so that he may seek permission
from the Court of Appeals to file his petition. All requested relief is denied, and judgment will be
entered for Hobbs. A certificate of appealability is denied. See Rule 11(a) of the Rules Governing
Section 2254 Cases In The United States District Courts.
IT IS SO ORDERED this 31st day of July, 2014.

UNITED STATES DISTRICT JUDGE