Briley v. Hobbs
Filing
35
ORDER ADOPTING 29 the recommended disposition; dismissing 4 the amended petition for writ of habeas corpus, with prejudice; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 9/11/2014. (kdr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN BRILEY
VS.
PETITIONER
CASE NO: 5:14CV00221 BSM
RAY HOBBS, Director,
Arkansas Department of Correction
RESPONDENT
ORDER
The recommended disposition submitted by United States Magistrate Judge Beth
Deere and plaintiff’s objections thereto have been reviewed. After a careful consideration
of the objections and a de novo review of the record, it is concluded that the recommended
disposition should be, and hereby is, approved and adopted in its entirety in all respects.
The amended petition for writ of habeas corpus [Doc. No. 4] pursuant to 28 U.S.C.
§ 2254 filed by John Riley is dismissed with prejudice. In § 2254 cases, a certificate of
appealability may issue only if a petitioner has made a substantial showing of the denial of
a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which petitioner
has made a substantial showing of a denial of a constitutional right, a certificate of
appealability is denied.
IT IS SO ORDERED this 11th day of September 2014.
________________________________
UNITED STATES DISTRICT JUDGE
2
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?