Kimberly v. Payne

Filing 7

ORDER approving and adopting, in their entirety, 6 Findings and Recommendations as this court's findings in all respects; and denying the certificate of appealability. Judgment will be entered accordingly. Signed by Judge James M. Moody Jr. on 11/22/2024. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ANNASTASIA NICOLE KIMBERLY
(aka ARRON MICHAEL LEWIS)

PETITIONER

4:24-CV-00590 JM/PSH
DEXTER PAYNE, ARKANSAS
DOC DIRECTOR

RESPONDENT
ORDER

The Court has received proposed Findings and Recommendations from
Magistrate Judge Patricia S. Harris. No objections have been filed. After careful
review, 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
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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 22nd day of November, 2024.
_______________________________
UNITED STATES DISTRICT JUDGE

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