Stewart v. Hobbs

Filing 13

ORDER adopting 11 Recommended Disposition as this Court's own. James Stewart's 2 petition for writ of habeas corpus is denied and dismissed, with prejudice. A certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 08/14/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES STEWART
ADC #103242
VS.

PETITIONER

CASE NO.: 5:14CV00145 JM/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition (“Recommendation”) filed
by Magistrate Judge Beth Deere. In addition, the Court has considered Mr. Stewart’s
objections to the Recommendation and has reviewed de novo those portions of the
Recommendation related to Mr. Stewart’s objections. After careful consideration, this
Court adopts the Recommendation as its own. James Stewart’s petition for writ of habeas
corpus (docket entry #2) is denied and dismissed, with prejudice.
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 14th day of August, 2014.

________________________________
UNITED STATES DISTRICT JUDGE

2