Wells v. Burl et al

Filing 19

ORDER adopting 18 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Wells's 1 Petition is dismissed with prejudice and the relief requested is denied. The certificate of appealability is denied. Signed by Judge J. Leon Holmes on 12/4/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
WILLIE WELLS
v.

PETITIONER
No. 2:14CV00059 JLH-JJV

DANNY BURL, Warden; and
JENNIFER MILLER, Parole Officer

RESPONDENTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, 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 Willie Wells has made a substantial showing of a denial of a
constitutional right. Thus, the certificate of appealability is denied.
IT IS THEREFORE ORDERED that Wells’s Petition is DISMISSED with prejudice.
Document #1. The requested relief is denied.
DATED this 4th day of December, 2014.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE