Terry v. Payne
ORDER approving and adopting 12 Findings and Recommendations as this court's findings in all respects; denying a certificate of appealability; and denying 20 Petitioner's Motion to Withdraw as moot. Judgment will be entered accordingly. Signed by Judge James M. Moody Jr. on 07/14/2021. (llg)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JARELL DAVIS TERRY
STATE OF ARKANSAS
The Court has received proposed Findings and Recommendations from
Magistrate Judge Patricia S. Harris. After careful review of those Findings and
Recommendations, the recent motions filed by the petitioner, 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.
Petitioner’s Motion to Withdraw (ECF No. 20) is DENIED as moot.
IT IS SO ORDERED this 14th day of July, 2021.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?