Elawyers Elawyers
Ohio| Change

SIMS v. HOBBS, 5:12CV00043 JLH/BD. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120716709 Visitors: 11
Filed: Jul. 13, 2012
Latest Update: Jul. 13, 2012
Summary: ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Recommended Disposition ("Recommendation") received from Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation. This Court adopts the Recommendation as its own. Respondent Ray Hobbs is GRANTED summary judgment, and Petitioner Walter J. Sims's petition for writ of habeas corpus (#2) is DISMISSED with prejudice. All pending motions are denied as moot. When entering a final order adverse to
More

ORDER

J. LEON HOLMES, District Judge.

The Court has reviewed the Recommended Disposition ("Recommendation") received from Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation.

This Court adopts the Recommendation as its own. Respondent Ray Hobbs is GRANTED summary judgment, and Petitioner Walter J. Sims's petition for writ of habeas corpus (#2) is DISMISSED with prejudice. All pending motions are denied as moot.

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.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer