Perkins v. Kelley
Filing
11
ORDER Adopting 9 Report and Recommendations. The 1 Petition for Writ of Habeas Corpus is dismissed. All requested relief is denied, and judgment will be entered for respondent Wendy Kelley. A certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 1/2/2018. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANDREW TYLER PERKINS
v.
PETITIONER
NO. 4:17-cv-00535 JM
WENDY KELLEY, Director of the
Arkansas Department of Correction
RESPONDENT
ORDER
The Court has received findings and a recommendation from Magistrate Judge
Patricia S. Harris. No objections have been filed. After a careful, de novo review of the
record, the Court concludes that the findings and recommendation should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all
respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by
petitioner Andrew Tyler Perkins is dismissed. All requested relief is denied, and
judgment will be entered for respondent Wendy Kelley. In accordance with Rule 11(a)
of the Rules Governing Section 2254 Cases in the United States District Courts, a
certificate of appealability is denied.1
IT IS SO ORDERED this 2nd day of January, 2018.
UNITED STATES DISTRICT JUDGE
1
The Court is not convinced that petitioner can make a “substantial showing of the denial of a
constitutional right.” See 28 U.S.C. 2253(c)(2).
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