Lovett v. Hobbs

Filing 11

ORDER adopting 7 Proposed Findings and Recommendations as to the limitations analysis but declines to reach procedural default or the merits. Lovett's untimely petition for writ of habeas corpus fails. No certificate of Appealability will issue because Lovett has not made a substantial showing that the Constitution was violated in his case. 28 U.S.C. § 2253(c). Signed by Judge D. P. Marshall Jr. on 8/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANDREW WAYNE LOVETT
ADC #144985

v.

PETITIONER

No. 5:14-cv-141-DPM
RESPONDENT

RAY HOBBS, Director, ADC

ORDER

The Court has considered Magistrate Judge Joe J. Volpe's Proposed
Findings and Recommended Disposition, Ng 7, and Lovett's objections and
statement of necessity, Ng 10. On de novo review, the Court adopts the
recommendation's limitations analysis, but declines to reach procedural
default or the merits. FED. R. CIV. P. 72(b)(3). Lovett's untimely petition for
writ of habeas corpus fails. No certificate of appealability will issue because
Lovett has not made a substantial showing that the Constitution was violated
in his case. 28 U.S.C. § 2253(c).
So Ordered.
t/

D.P. Marshall Jr.
United States District Judge