Madden v. Hobbs
Filing
6
ORDER adopting 4 Recommended Disposition as this Court's own. Lee Madden's 2 petition is denied and dismissed, without prejudice. A certificate of appealability is denied. Signed by Judge Susan Webber Wright on 8/21/2014. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE MADDEN
ADC #136534
VS.
PETITIONER
CASE NO.: 5:14CV00286 SWW/BD
RAY HOBBS, Director,
Arkansas Department of Correction
RESPONDENT
ORDER
The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation.
After careful consideration, this Court adopts the Recommendation as its own. Lee
Madden’s petition for writ of habeas corpus (docket entry #2) is denied and dismissed, without
prejudice.
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 21st day of August, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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