Opinion
NO. 2:12-CV-00141-SWW-BD
11-13-2012
FREDERICK BANKS Reg #05711-068 PETITIONER v. T.C. OUTLAW, Warden, Federal Correctional Complex, Forrest City, Arkansas RESPONDENT
ORDER
The Court has reviewed the Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere; has considered Mr. Banks's objections to the Recommendation; and has reviewed de novo those portions of the Recommendation to which Mr. Banks objects. After careful consideration, this Court adopts the Recommendation as its own. Frederick Banks's petition for writ of habeas corpus (docket entry #2) is dismissed without prejudice.
It is clear from the record that Mr. Banks failed to exhaust his administrative remedies before he filed his petition.
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, this 13th day of November, 2012.
Susan Webber Wright
UNITED STATES DISTRICT JUDGE