White v. Hobbs
Filing
12
ORDER ADOPTING 10 Proposed Findings and Recommendations. Mr. White's 1 Petition for Writ of Habeas Corpus is DISMISSED with prejudice. The certificate of appealability is denied. All pending motions are DENIED as moot. Signed by Judge James M. Moody Jr. on 10/2/2014. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICKY EARL WHITE,
ADC #142538
v.
PETITIONER
5:14CV00166-JM-JJV
RAY HOBBS, Director
Arkansas Department of Correction
RESPONDENT
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and the Petitioner’s objections. After carefully
considering the objections and making a de novo review of the record in this case, the Court
concludes that the Proposed Findings and Recommended Disposition should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the
United States District Court, the Court must determine whether to issue a certificate of appealability
in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has
made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The
Court finds no issue on which Mr. White has made a substantial showing of a denial of a
constitutional right. Thus, the certificate of appealability is denied.
IT IS THEREFORE ORDERED that Mr. White’s Petition (Doc. No. 1) is DISMISSED with
prejudice and any pending motions are DENIED as moot.
DATED this 2nd day of October, 2014.
JAMES M. MOODY JR.
UNITED STATES DISTRICT JUDGE
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