Scott v. Hobbs

Filing 35

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS; denying as moot 31 Motion to Appoint Counsel, 32 Motion to Withdraw, 33 Motion for Disclosure; 24 Motion, 26 Motion to Clarify. Accordingly, Petitioners 28 U.S.C. §2254 petition 2 is hereby DISMISSED WITH PREJUDICE for failure to state a claim. Signed by Honorable Robert T. Dawson on November 17, 2015. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BRODERICK DON SCOTT
V.

PETITIONER
Civil No. 14-6078

WENDY KELLEY, Director
Arkansas Department of Correction

RESPONDENT

O R D E R
On this 17th day of November 2015, there comes on for
consideration the report and recommendation filed in this case
on April 29, 2015, by the Honorable James R. Marschewski, United
States Magistrate for the Western District of Arkansas.
23).

(Doc.

Also before the Court are Petitioner’s objections (Doc.

28).
The court has reviewed this case de novo and, being well
and sufficiently advised, finds as follows:

The report and

recommendation is proper and should be and hereby is adopted in
its

entirety.

Accordingly,

Petitioner’s

28

U.S.C.

§

2254

petition (doc. 2) is hereby DISMISSED WITH PREJUDICE for failure
to state a claim.

Further, Petitioner has failed to make a

substantial showing of the denial of a constitutional right, and
the Court declines to issue a certificate of appealability.
Finally, Petitioner’s various pro se motions (docs. 24, 26, 29,
31-33) are DENIED AS MOOT.

AO72A
(Rev. 8/82)

IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)