Smith v Kelly
ORDER approving and adopting in their entirety in all respects 13 proposed Findings and Recommendations; and denying the certificate of appealability. Judgment will be entered accordingly. Signed by Judge Billy Roy Wilson on 4/2/2015. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES EDWARD SMITH
CASE NO. 5:15CV00012 BRW/HDY
WENDY KELLY, Director of the
Arkansas Department of Correction
The Court has received proposed Findings and Recommendations from Magistrate
Judge H. David Young. After reviewing the Findings and Recommendations, the timely
objections received thereto, and a de novo review of the record, 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 § 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.1 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 2nd day of April, 2015.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
28 U.S.C. § 2253(c)(1)-(2).
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