Chestang v. Norris

Filing 5

ORDER adopting 4 Recommendation as this Court's own. Plaintiff's 2 Petition is dismissed, without prejudice. A certificate of appealability is denied. Signed by Judge Susan Webber Wright on 1/16/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KeONDRA M. CHESTANG
ADC #134005

v.

PETITIONER

CASE NO.: 5:14CV00443-SWW-BD

LARRY NORRIS, Interim Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has reviewed the Recommended Disposition (“Recommendation”) filed
by Magistrate Judge Beth Deere. The parties have not filed any objections to the
Recommendation. This Court adopts the Recommendation as its own. KeOndra M.
Chestang’s Petition for Writ of Habeas Corpus (docket entry #2) is dismissed, without
prejudice.
When entering a final order adverse to a habeas corpus petitioner, the Court must
issue or deny a certificate of appealability. 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). 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 16TH DAY OF JANUARY, 2015.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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