Fortier v. Kelley

Filing 23

ORDER denying 1 petition and dismissing this case without prejudice. A certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 11/16/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT FORTIER
ADC #151481
V.

PETITIONER

NO. 5:14cv00451-JM-JTR

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the filed objections
filed by Respondent. After carefully considering these documents and making a de
novo review of the record in this case, the Court concludes that the Proposed Findings
and Recommended Disposition should be, and hereby are, approved and adopted
through Section II.A as this Court’s findings in all respects. Judgment will be entered
accordingly.
IT IS THEREFORE ORDERED THAT this Petition for a Writ of Habeas
Corpus, Doc. 1, is DENIED, and this case is DISMISSED without prejudice. IT IS
FURTHER ORDERED THAT a Certificate of Appealability is DENIED pursuant to
Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District
Courts.

DATED this 16th day of November, 2015.

_____________________________________
UNITED STATES DISTRICT JUDGE