Nelson v. Kelley

Filing 19

ORDER ADOPTING 18 the recommended disposition in its entirety in all respects; dismissing, with prejudice, 1 Brian Nelson's petition and 15 amended petition for a writ of habeas corpus; and denying a certificate of appealability, as there is no issue on which Nelson has made a substantial showing of a denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 6/9/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRIAN NELSON
v.

PETITIONER
CASE NO. 5:15CV00013 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition (“recommendation”) filed by United States Magistrate
Judge Beth Deere has been reviewed. No objections have been filed. After careful
consideration, the recommendation is hereby adopted in its entirety in all respects.
Accordingly, Brian Nelson’s petition [Doc. No. 1] and amended petition [Doc. No.
15] for a writ of habeas corpus are dismissed with prejudice. In § 2254 cases, a certificate
of appealability may issue only if the petitioner has made a substantial showing of the denial
of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which Nelson
has made a substantial showing of a denial of a constitutional right, a certificate of
appealability is denied.
IT IS SO ORDERED this 9th day of June 2015.

________________________________
UNITED STATES DISTRICT JUDGE