Opinion
No. 5:12CV00343 JLH-JJV
11-29-2012
ELCID HARRIS, ADC #090600 PETITIONER v. RAY HOBBS, Director, Arkansas Department of Corrections RESPONDENT
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which Mr. Harris has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS THEREFORE ORDERED that Mr. Harris's petition (Doc. No. 2) is DISMISSED with prejudice. The requested relief is denied and any pending motions are denied as moot.
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J. LEON HOLMES
UNITED STATES DISTRICT JUDGE