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)

Download PDF
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).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?