Hadley v. Hobbs

Filing 12

ORDER ADOPTING 10 Proposed Findings and Recommended Disposition. Mr. Hadley's 1 Petition for Writ of Habeas Corpus is DISMISSED with prejudice and any pending motions are DENIED as moot. The certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 8/28/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOSEPH M. HADLEY,
ADC #144750,
v.

PETITIONER

5:14CV00224-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. Hadley 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. Hadley’s Petition (Doc. No. 1) is DISMISSED
with prejudice and any pending motions are DENIED as moot.
DATED this 28th day of August, 2014.

JAMES M. MOODY JR.
UNITED STATES DISTRICT JUDGE