Green v. Hobbs

Filing 18

ORDER adopting 15 the proposed findings and recommended disposition; dismissing 2 James Green's petition for writ of habeas corpus, with prejudice; and denying a certificate of appealability because Green has not made a substantial showing of a denial of a constitutional right.. Signed by Chief Judge Brian S. Miller on 2/8/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GARLAND JAMES GREEN
ADC #149195
v.

PETITIONER

CASE NO. 5:14CV00313 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommended disposition (“RD”) submitted by United
States Magistrate Judge J. Thomas Ray and petitioner’s objections thereto have been
reviewed. After careful consideration, the RD are hereby adopted in all respects and Garland
James Green’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. No. 2]
is dismissed with prejudice.
In § 2254 cases, a certificate of appealability may issue only if the petitioner has made
a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).
Accordingly, a certificate of appealability is denied because Green has not made a substantial
showing of a denial of a constitutional right.
IT IS SO ORDERED this 8th day of February 2016.

________________________________
UNITED STATES DISTRICT JUDGE