Terry v. Payne

Filing 21

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
CENTRAL DIVISION
JARELL DAVIS TERRY

PETITIONER
4:20CV01440 JM/PSH

STATE OF ARKANSAS

RESPONDENT
ORDER

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