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DAVIS v. HOBBS, 5:11CV00074 SWW/BD. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120229850 Visitors: 6
Filed: Feb. 28, 2012
Latest Update: Feb. 28, 2012
Summary: ORDER SUSAN WEBBER WRIGHT, District Judge. The Court has received the Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere, and has reviewed de novo those portions of the Recommendation to which Mr. Davis objected. This Court adopts the Recommendation as its own. Mr. Davis's Petition for Writ of Habeas Corpus (docket entry #2) is dismissed, with prejudice. When entering a final order adverse to a habeas corpus petitioner, the Court must issue or deny a certificate of
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ORDER

SUSAN WEBBER WRIGHT, District Judge.

The Court has received the Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere, and has reviewed de novo those portions of the Recommendation to which Mr. Davis objected. This Court adopts the Recommendation as its own. Mr. Davis's Petition for Writ of Habeas Corpus (docket entry #2) is dismissed, with prejudice.

When entering a final order adverse to a habeas corpus petitioner, the Court must issue or deny a certificate of appealability. Rule 11, 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, Mr. Davis has not provided a basis for this Court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.

IT IS SO ORDERED.

Source:  Leagle

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