Brewer v. Kelley

Filing 12

ORDER adopting 11 Recommended Disposition in its entirety. The 1 petition is dismissed without prejudice for failure to prosecute and the relief sought is denied. A certificate of appealability will not be granted because Anderson has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 4/10/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICKELAS NECESSITY BREWER
ADC #116152
v.

PETITIONER

CASE NO. 3:17-CV-00341 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition [Doc. No. 11] submitted by United States Magistrate
Judge J. Thomas Ray has been received. No objections have been filed. After careful
consideration of the record, the recommended disposition is adopted in its entirety.
Accordingly, Brewer’s petition for writ of habeas corpus [Doc. No. 1] is dismissed without
prejudice for failure to prosecute, and the relief sought is denied.

A certificate of

appealability will not be granted because Anderson has not made a substantial showing of
the denial of a constitutional right. See 28 U.S.C. § 2253(c)(1)-(2).
IT IS SO ORDERED this 10th day of April 2018.

________________________________
UNITED STATES DISTRICT JUDGE