Clayton v. Hobbs

Filing 14

ORDER adopting 10 Recommended Disposition. Plaintiff's petition or writ of habeas corpus is denied and dismissed, with prejudice. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 10/8/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT PRESTON CLAYTON
v.

PETITIONER

NO. 5:14CV00189 JLH-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. Clayton’s
objections to the Recommendation and has reviewed de novo those portions of the
Recommendation to which Mr. Clayton objects. After careful consideration, this Court
adopts the Recommendation as its own. Robert Preston Clayton’s petition for writ of
habeas corpus is denied and dismissed, with prejudice. Document #2.
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 8th day of October, 2014.

________________________________
UNITED STATES DISTRICT JUDGE