Hamilton v. Mills
ORDER approving and adopting the 5 Recommended Disposition as this Court's findings in all respects; denying a certificate of appealability; and denying and dismissing, without prejudice, Petitioner Houston Clay Hamilton's 1 petition for writ of habeas corpus. Signed by Judge James M. Moody Jr. on 2/14/2017. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HOUSTON CLAY HAMILTON
The Court has carefully reviewed the Recommended Disposition filed by
Magistrate Judge Beth Deere. The parties have not filed objections. The Court concludes
that the Recommendation should be, and hereby is, approved and adopted as this Court’s
findings in all respects.
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.
Petitioner Houston Clay Hamilton’s petition for writ of habeas corpus (docket
entry #1) is DENIED and DISMISSED, without prejudice.
IT IS SO ORDERED, this 14th day of February, 2017.
UNITED STATES DISTRICT JUDGE
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