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)

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