Smith v. Kelly

Filing 12

ORDER adopting 10 Findings and Recommendation in all respects in their entirety. Accordingly, Mr. Smith's 1 petition for writ of habeas corpus under 28 U.S.C. § 2254 is dismissed; all requested relief is denied; and a judgment will be entered for respondent Wendy Kelly. Signed by Judge Billy Roy Wilson on 4/2/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES EDWARD SMITH VS. PETITIONER 5:15-CV-00025 BRW WENDY KELLEY, Director of the Arkansas Department of Correction RESPONDENT ORDER I have received the Findings and Recommendation from Magistrate Judge H. David Young (Doc. No. 10) and the Objections by Petitioner James Edward Smith (Doc. No. 11). After a careful, de novo review of the record, I adopt as my findings in all respects the Findings and Recommendation in their entirety. Accordingly, Mr. Smith’s petition for writ of habeas corpus under 28 U.S.C. § 2254 is dismissed; all requested relief is denied; and a judgment will be entered for respondent Wendy Kelly. A certificate of appealability is also denied.1 IT IS SO ORDERED this 2nd day of April, 2015. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Courts. See Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District

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