Theriot v. Glenis

Filing 12

ORDER ADOPTING 9 Findings and Recommendations in their entirety. Petitioner's 10 Motion for extension of time is DENIED, however, he has also filed a Brief, which the Court will consider as his Objections to the recommendation. The Court finds no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 8/23/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOHNNY P. THERIOT
VS.

PETITIONER
CASE NO. 4:16CV00248 JM/PSH

C. V. GLENIS, Sheriff

RESPONDENT
ORDER

The Court has received proposed Findings and Recommendations from Magistrate
Judge Patricia S. Harris. Petitioner has filed a motion for extension of time, however he has also
filed a Brief which the Court will consider as his Objections to the recommendation. The
motion for extension of time is DENIED. After careful review of the Findings and
Recommendations, the timely objections received thereto, and a de novo review of the record,
the Court concludes that the Findings and Recommendations should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects. Judgment will be
entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases
in the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a
denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 23rd day of August, 2016.

UNITED STATES DISTRICT JUDGE