Toliver v. Hobbs

Filing 22

ORDER ADOPTING 18 the recommended disposition; dismissing, with prejudice, 2 the petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 1/6/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TYLER NATHANIEL TOLIVER
v.

PETITIONER

CASE NO. 5:14CV00200 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition submitted by United States Magistrate Judge Beth
Deere has been reviewed. No objections have been filed. After careful consideration, it is
concluded that the recommended disposition should be, and hereby is, approved and adopted
in its entirety in all respects.
The petition for writ of habeas corpus [Doc. No.2] pursuant to 28 U.S.C. § 2254 filed
by Tyler Toliver is dismissed with prejudice. In § 2254 cases, a certificate of appealability
may issue only if the petitioner has made a substantial showing of the denial of a
constitutional right. 28 U.S.C. § 2253(c)(1)–(2). As there is no issue on which Toliver has
made a substantial showing of a denial of a constitutional right, a certificate of appealability
is denied.
IT IS SO ORDERED this 6th day of January 2015.

_______________________________
UNITED STATES DISTRICT JUDGE