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)

Download PDF
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

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?