Quincy Jay Plessy v. Ray Hobbs

Filing 34

ORDER ADOPTING 31 REPORT AND RECOMMENDATIONS in its entirety; denying 29 Motion for Leave to Appeal in forma pauperis; denying 27 Motion for Certificate of Appealability. Signed by Honorable P. K. Holmes, III on June 25, 2015. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
QUINCY J. PLESSY
v.

PETITIONER
Case No. 2:12-CV-02118

RAY HOBBS, Director, Arkansas Department of Corrections

RESPONDENT

ORDER

The Court has received proposed findings and recommendations (Doc. 31) from United
States Magistrate Judge Mark E. Ford. The Court has also received Petitioner Quincy J. Plessy’s
objections (Doc. 33). The Magistrate recommends denying Mr. Plessy a certificate of appealability
and denying leave to appeal in forma pauperis, as the Magistrate found no substantive issues that
were debatable among reasonable jurists. Plessy objects that reasonable jurists could debate whether
he received ineffective assistance of counsel and whether an evidentiary hearing is warranted. The
Court finds that Plessy’s objections contain no law or fact that would persuade the Court to depart
from the reasoning of the Magistrate.
The Court has reviewed this case and finds that the report and recommendation is proper, and
should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the
Magistrate’s report and recommendations, IT IS ORDERED that the motions for certificate of
appealability and for leave to appeal in forma pauperis (Docs. 27 and 29) are DENIED.
IT IS SO ORDERED this 25th day of June, 2015.

s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE