Brice v. Arkansas, State of

Filing 13

ORDER adopting 9 Proposed Findings and Recommendations as this Court's findings in all respects in their entirety. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of a denial of a constitutional right. Signed by Judge James M. Moody Jr. on 4/27/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CHARLIE BRICE
ADC #050409
v.

PETITIONER
CASE NO. 4:14CV00204 JM-JTK

WENDY KELLEY1, Director
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.2

After careful review of the findings and

recommendations and the timely objections thereto, as well as a de novo review of the
record, the Court concludes that the findings and recommendations should be, and are
hereby, approved and adopted as this Court’s findings in all respects in their entirety.
Judgment shall be entered accordingly.
The Court will not issue a certificate of appealability because Petitioner has not made
a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).

SO ORDERED this 27th day of April, 2015.

1

Wendy Kelley replaced Roy Hobbs as Director of the Arkansas Department of
Correction. Under Federal Rule of Civil Procedure 25(d), Wendy Kelley is automatically
substituted as Respondent in this matter.
2

The Court is adopting the corrected findings and recommendations which reflect the
fact that Petitioner pled guilty to first degree battery in Columbia County instead of Pulaski
County. This correction has no bearing on the legal analysis of the petition.

UNITED STATES DISTRICT JUDGE