Gordon v. Norris

Filing 29

ORDER approving and adopting 27 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects and denying the certificate of appealability. Signed by Judge Kristine G. Baker on 01/08/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD TOMMY GORDON
v.

PETITIONER

Case No. 5:14-cv-00456 KGB-PSH

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Patricia S. Harris (Dkt. No. 27). Plaintiff Richard Tommy Gordon has filed an
objection to the Proposed Findings and Recommendations (Dkt. No. 28). After careful review of
the Proposed Findings and Recommendations, the timely objections, and a de novo review of the
record, the Court concludes that Proposed Findings and Recommendations should be, and hereby
are, approved and adopted in their entirety as this Court’s findings in all respects.
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.
SO ORDERED this 8th day of January, 2016.
________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE