Whitfield v. Department of Community Correction

Filing 15

ORDER adopting 14 Recommended Disposition; denying and dismissing with prejudice 2 4 5 petitions for writ of habeas corpus. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 4/17/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FREDERICK WHITFIELD ADC #114291 VS. PETITIONER NO. 4:14CV00671-JLH-BD JOHN FELTS, Director, Department of Community Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) filed in this case by Magistrate Judge Beth Deere. The parties have not filed any objections to the Recommendation. After careful consideration, this Court adopts the Recommendation as its own. Frederick Whitfield’s petition for writ of habeas corpus (docket entry #2) and amended petitions for habeas corpus (#4, #5) are denied and dismissed, with prejudice. 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 can be issued 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. IT IS SO ORDERED, this 17th day of April, 2015. ________________________________ UNITED STATES DISTRICT JUDGE

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