Sims v. Rochelle et al

Filing 30

ORDER ADOPTING 29 the recommended disposition; dismissing, without prejudice, 2 Sim's petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 7/14/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MELVIN EARL SIMS
v.

PLAINTIFF
CASE NO. 5:14CV00227 BSM-BD

DAMETRIA ROCHELLE, et al.

DEFENDANTS

ORDER
The recommended disposition from Magistrate Judge Beth Deere has been received.
No objections have been filed. After careful consideration, it is concluded that the
recommended disposition should be, and hereby is, approved and adopted in its entirety.
Sims’s petition for writ of habeas corpus [Doc. No. 2] is dismissed without prejudice.
When entering a final order adverse to a habeas corpus petitioner, a certificate of
appealability must be issued or denied. Rule 11 of the Rules Governing Section 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). In this case, there is no
basis to issue a certificate of appealability. Accordingly, a certificate of appealability is
denied.
IT IS SO ORDERED this 14th day of July 2015.

______________________________
UNITED STATES DISTRICT JUDGE