Nelson v. Kelley

Filing 37

ORDER ADOPTING 34 the findings and recommendation; and dismissing, with prejudice, 15 petitioner Brian Nelson's amended petition for writ of habeas corpus. A certificate of appealability is denied because Nelson has not made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)(2). Signed by Chief Judge Brian S. Miller on 11/6/2015. (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 of the
Arkansas Department of Correction

RESPONDENT
ORDER

The findings and a recommendation (“RD”) submitted by United States Magistrate
Judge Patricia S. Harris and petitioner Brian Nelson’s objections thereto have been reviewed.
After a careful consideration of these documents and a de novo review of the record, the RD
are hereby adopted in all respects.
IT IS THEREFORE ORDERED that Nelson’s amended petition for writ of habeas
corpus [Doc. No. 15] is dismissed with prejudice. A certificate of appealability is denied
because Nelson has not made a substantial showing of a denial of a constitutional right. 28
U.S.C. § 2253(c)(1)–(2).
IT IS SO ORDERED this 6th day of November 2015.

________________________________
UNITED STATES DISTRICT JUDGE