Russell v. Hobbs, Director, Arkansas Department of Correction

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS in their entirety. Further denying 17 Motion for Certificate of Appealability. Signed by Honorable P. K. Holmes, III on March 18, 2014. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JERRY LEE RUSSELL v. PLAINTIFF Case No. 2:13-CV-02096 RAY HOBBS, Director, Arkansas Department of Corrections DEFENDANT ORDER The Court has received proposed findings and recommendations (Doc. 18) from Chief United States Magistrate Judge James R. Marschewski. The Court has conducted a careful review of the findings and recommendations and of the timely objections filed by Petitioner Jerry Lee Russell. After reviewing the record de novo as to Mr. Russell’s objections, the Court finds the Magistrate’s reasoning to be sound and further finds that Petitioner’s objections offer neither law nor fact requiring departure from the Magistrates’ findings. IT IS THEREFORE ORDERED that the findings and recommendations of the Magistrate are approved and adopted as this Court’s findings in their entirety. Accordingly, IT IS FURTHER ORDERED that Mr. Russell’s motion (Doc. 17) for a certificate of appealability is DENIED. IT IS SO ORDERED this 18th day of March, 2014. s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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