Gardner v. Hobbs
ORDER adopting 14 Recommended Disposition. Gardner's 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 7/3/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GARY W. GARDNER
NO. 5:14CV00131 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. Gardner’s objections to the
Recommendation and has reviewed de novo those portions of the Recommendation to which Gary
W. Gardner objects. After careful consideration, this Court adopts the Recommendation as its own.
Gardner’s petition for writ of habeas corpus (docket entry #2) is denied and dismissed, with
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 3rd day of July, 2014.
UNITED STATES DISTRICT JUDGE
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