Briley v. Norris

Filing 10

ORDER ADOPTING 8 Findings and Recommendations in all respects. The certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 2/19/2015. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN BRILEY VS. PETITIONER CASE NO. 5:14CV00434 JM LARRY NORRIS, Acting Director of the Arkansas Department of Correction RESPONDENT ORDER The Court has received proposed Findings and Recommendations from Magistrate Judge H. David Young. No objections have been filed. The Court has been notified that the proposed Findings and Recommendations which were mailed to Mr. Briley have been returned as undeliverable. However, Local Rule 5.5(c)(2) instructs pro se parties that it is their responsibility to notify the Clerk and other parties of any change in address, to monitor the progress of the case, and to prosecute or defend the action diligently. Therefore, after careful review the Court concludes that the Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Judgment will be entered accordingly. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS SO ORDERED this 19th day of February, 2015. UNITED STATES DISTRICT JUDGE

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