Russell v. Kelley

Filing 13

ORDER approving and adopting in their entirety the 12 Proposed Findings and Recommendations as this Court's findings in all respects; and denying the certificate of appealability. Judgment will be entered accordingly. Signed by Judge James M. Moody Jr. on 10/12/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
THURMAN RUSSELL
VS.

PETITIONER
CASE NO. 1:16CV00058 JM/HDY

WENDY KELLEY, Director,
Arkansas Department of Correction (ADC)

RESPONDENT

ORDER
The Court has received proposed Findings and Recommendations from Magistrate Judge
Patricia S. Harris. No objections have been filed. After careful review, the Court concludes that the
Findings and Recommendations should be, and hereby are, approved and adopted in their entirety
as this Court's findings in all respects. Judgment will be entered accordingly.
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 petitioner has made a substantial showing of a denial of a
constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 12th day of October, 2016.

UNITED STATES DISTRICT JUDGE