Cogburn v. Hobbs

Filing 11

ORDER adopting 5 recommended disposition in its entirety; denying and dismissing without prejudice 1 Cogburn's petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 9/30/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WAYLON COGBURN
ADC #133937
v.

PETITIONER

CASE NO. 5:14CV00267 BSM/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition filed by Magistrate Judge Beth Deere has been
reviewed. The parties have not filed any objections. After careful consideration, the
recommended disposition is adopted in its entirety. Waylon Cogburn’s petition for writ
of habeas corpus [Doc. No. 1] is denied and dismissed without prejudice.
When entering a final order adverse to a habeas corpus petitioner, a certificate of
appealability must be issued or denied. 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 30th day of September 2014.
______________________________
UNITED STATES DISTRICT JUDGE