Bush v. Hobbs

Filing 12

ORDER APPROVING AND ADOPTING 8 RECOMMENDED DISPOSITION in its entirety as this Court's findings in all respects; dismissing 2 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge Kristine G. Baker on 05/18/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENNY BUSH ADC #088682 v. PETITIONER Case No. 5:14-CV-395 KGB-BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received the Recommended Disposition from United States Magistrate Judge Beth Deere (Dkt. No. 8) and the objections filed by Petitioner Kenny Bush (Dkt. No. 11). After carefully reviewing the Recommended Disposition and Mr. Bush’s objections, as well as a de novo review of the record, the Court approves and adopts in its entirety the Recommended Disposition as this Court’s findings in all respects. Therefore, the Court dismisses with prejudice Mr. Bush’s petition for writ of habeas corpus. 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 18th day of May, 2015. ____________________________________ Kristine G. Baker United States District Judge

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