Grant v. Proctor et al

Filing 9

ORDER adopting 3 Recommended Disposition as its own; denying and dismissing, without prejudice, 2 petition for writ of habeas corpus; denying as moot 5 and 6 motions for Order; and denying a certificate of appealability. Signed by Judge Billy Roy Wilson on 12/5/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ABRAHAM GRANT
v.

PETITIONER
CASE NO. 5:14CV00410 BRW-BD

RICHARD PROCTOR and
CHALK MITCHELL

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. No objections have been filed and the time for doing so has
passed.
After careful consideration, this Court adopts the Recommendation as its own. Petitioner
Abraham Grant’s petition for writ of habeas corpus (Doc. No. 2) is DENIED and DISMISSED,
without prejudice. The two motions for Order (Doc. Nos. 5 and 6) are DENIED as MOOT.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability.1 A certificate of appealability may issue only if a petitioner
has made a substantial showing of the denial of a constitutional right.2 In this case, there is no
basis for this court to issue a certificate of appealability. Accordingly, a certificate of
appealability is denied.
IT IS SO ORDERED this 5th day of December, 2014.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Rule 11 of the Rules Governing Section 2254 Cases.

2

28 U.S.C. § 2253(c)(1)-(2).