Wheeler v. Hayes et al

Filing 18

ORDER approving and adopting 15 Recommended Disposition in its entirety as this Court's findings in all respects; denying and dismissing with prejudice Mr. Wheeler's 2 petition for a writ of habeas corpus; denying Mr. Wheeler's 14 motion for change of venue as futile; and denying the request to issue a certificate of appealability. Signed by Judge Kristine G. Baker on 11/30/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION VYRON WHEELER Reg #10989-007 v. PETITIONER Case No. 2:14-cv-00064 KGB/JTR C.V. RIVERA, Warden, FCI Forrest City RESPONDENT ORDER The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 15) and the timely objections filed by petitioner Vyron Wheeler (Dkt. No. 16). After carefully considering the Recommended Disposition and the objections, and making a de novo review of the record in this case, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s findings in all respects. It is therefore ordered that: 1. The Court denies and dismisses with prejudice Mr. Wheeler’s petition for a writ of habeas corpus. Judgment will be entered accordingly 2. The Court construes Mr. Wheeler’s “Motion for Writ of Mandamus” as a motion for change of venue and denies the motion as futile (Dkt. No. 14). 3. The Court denies the request to issue a certificate of appealability. SO ORDERED this 30th day of November, 2015. ________________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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