Rice v. Hobbs

Filing 22

Order Adopting 11 Recommended Disposition as this Court's own ruling: denying and dismissing with prejudice Mr. Rice's 2 petition for writ of habeas corpus; granting 13 motion to correct objections; denying as moot 17 motion for ruling; and finding that a certificate of appealability is denied. Signed by Judge Kristine G. Baker on 08/10/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEON JACKSON RICE, JR.
v.

PETITIONER
Case No. 5:14-cv-00220 KGB/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition filed by Magistrate Judge Beth Deere
(Dkt. No. 11). Plaintiff Leon Jackson Rice, Jr., filed objections to a prior Order, which the Clerk’s
office docketed as objections to the Recommended Disposition (Dkt. No. 12); a letter, which the
Clerk’s office docketed as a motion to correct objections (Dkt. No. 13); objections to the
Recommended Disposition (Dkt. No. 14); a letter of judicial notice (Dkt. No. 15); a motion for
ruling (Dkt. No. 17); and four additional letters of judicial notice (Dkt. Nos. 18, 19, 20, 21). The
Court grants Mr. Rice’s motion to correct his objections (Dkt. No. 13) and has considered what he
identifies as his intended objections to the Recommended Disposition (Dkt. No. 14).
After considering the Recommended Disposition, Mr. Rice’s objections, and conducting a
de novo review of the record, the Court adopts the Recommended Disposition as this Court’s own
ruling (Dkt. No. 11). The Court does not need to conduct an evidentiary hearing in this matter.
Although Judge Deere observed that several of Mr. Rice’s claims were procedurally defaulted, Judge
Deere addressed in her Recommended Disposition the merits of even those claims. The Court finds
Judge Deere’s reasoning sound, based on the record in this case, and, therefore, adopts the
Recommended Disposition as this Court’s own ruling. The Court denies and dismisses with
prejudice Mr. Rice’s petition for writ of habeas corpus (Dkt. No. 2). The Court denies as moot Mr.
Rice’s motion for ruling (Dkt. No. 17).

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.

SO ORDERED this 10th day of August, 2015.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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