Lewis v. Norris

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS 29 denying a certificate of appealability and dismissing her petn with prejudice. Signed by Judge James M. Moody on 10/18/10. (bkp)

Lewis v. Norris

Doc. 35

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANGELA LEWIS, ADC #709315 V. LARRY NORRIS, Director, Arkansas Department of Correction ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. 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 Ms. Lewis has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS THEREFORE ORDERED that Ms. Lewis's Petition (Doc. No. 1) is DISMISSED with prejudice. The requested relief is denied and any pending motions are denied as moot. DATED this 18th day of October, 2010. 5:09-cv-00308-JMM-JJV RESPONDENT PETITIONER

JAMES M. MOODY UNITED STATES DISTRICT JUDGE

Dockets.Justia.com