Hayes v. Arkansas Department of Correction et al

Filing 23

ORDER adopting in its entirety 22 recommended disposition; dismissing 1 Hayes's petition for writ of habeas corpus; dismissing 8 amended petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 3/17/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAWANN SHAUNTEZ HAYES
v.

PETITIONER

CASE NO. 5:14CV00408 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition filed by 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, adopted in its entirety. Hayes’s petition
for writ of habeas corpus [Doc. No. 1] and amended petition for writ of habeas corpus [Doc.
No. 8] are 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). As there is no such
showing, a certificate of appealability is denied.
IT IS SO ORDERED this 17th day of March 2015.

_______________________________
UNITED STATES DISTRICT JUDGE