Deshazer v. Arkansas, State of

Filing 23

ORDER approving and adopting 17 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing with prejudice Ms. DeShazer's 1 habeas corpus petition; and declining to issue a certificate of appealability. Signed by Judge Kristine G. Baker on 11/24/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENDRA KATRISE DESHAZER
ADC #707085
v.
Case No. 5:14-cv-00295 KGB/JTK
WENDY KELLEY, Director,
Arkansas Department of Correction

PLAINTIFF

DEFENDANTS
ORDER

The Court has received the Proposed Findings and Recommendations (“Recommendations”)
submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 17).

Plaintiff Kendra

Deshazer has filed objections to the Recommendations (Dkt. No. 18). After carefully reviewing the
Recommendations and objections, as well as conducting a de novo review of the record, the Court hereby
approves and adopts the Recommendations in their entirety as this Court’s findings in all respects. The
Court dismisses with prejudice Ms. DeShazer’s habeas corpus petition; the relief requested is denied.
The Court declines to issue a certificate of appealability because Ms. Deshazer has not made a substantial
showing of the denial of a constitutional right. 28 U.S.C. § 2253 (c).
This Court acknowledges the other correspondence it has received regarding claims by Ms.
DeShazer’s family members that she needs medical attention that she is not receiving while incarcerated
(Dkt. Nos. 19 ̶ 22). As Judge Kearney recognized in the Recommendations, such claims are not properly
before this Court in Ms. DeShazer’s habeas corpus petition (Dkt. No. 17, at 2 ̶ 3).
SO ORDERED this 24th day of November, 2015.

_______________________________
Kristine G. Baker
United States District Judge