Elawyers Elawyers
Washington| Change

STEWART v. HOBBS, 5:14CV00145 JM/BD. (2014)

Court: District Court, E.D. Arkansas Number: infdco20140818679 Visitors: 13
Filed: Aug. 14, 2014
Latest Update: Aug. 14, 2014
Summary: ORDER JAMES M. MOODY, Jr., District Judge. The Court has reviewed the Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere. In addition, the Court has considered Mr. Stewart's objections to the Recommendation and has reviewed de novo those portions of the Recommendation related to Mr. Stewart's objections. After careful consideration, this Court adopts the Recommendation as its own. James Stewart's petition for writ of habeas corpus (docket entry #2) is denied and
More

ORDER

JAMES M. MOODY, Jr., District Judge.

The Court has reviewed the Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere. In addition, the Court has considered Mr. Stewart's objections to the Recommendation and has reviewed de novo those portions of the Recommendation related to Mr. Stewart's objections. After careful consideration, this Court adopts the Recommendation as its own. James Stewart's petition for writ of habeas corpus (docket entry #2) is denied and 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 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