Weaver v. Brown

Filing 37

ORDER approving and adopting 36 findings and recommendations in all respects; dismissing the petition for writ of habeas corpus; and denying all requested relief. A certificate of appealability is denied. Signed by Judge Billy Roy Wilson on 2/7/2018. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
RICHARD WEAVER
VS.

PETITIONER
1:17-cv-00001 BRW

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
I have received findings and a recommendation from Magistrate Judge Patricia S. Harris.
No objections have been filed. After a careful, de novo review of the record, I approve and
adopt the findings and recommendation in all respects.
The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner
Richard Weaver is DISMISSED. All requested relief is denied, and judgment will be entered for
respondent Wendy Kelley.
In accordance with Rule 11(a) of the Rules Governing Section 2254 Cases in the United
States District Courts, a certificate of appealability is denied.1
IT IS SO ORDERED this 7th day of February, 2018.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1
The Court is not convinced that petitioner can make a “substantial showing of the denial of a
constitutional right.” See 28 U.S.C. 2253(c)(2).