Pickens v. Kelley
ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing the Petition for Writ of Habeas Corpus for being untimely 19 ; 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. Signed by Judge Billy Roy Wilson on 4/15/15. (tjb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL G. PICKENS
CASE NO. 5:15CV00030 BRW/HDY
WENDY KELLEY, Director of the
Arkansas Department of Correction
The Court has received proposed Findings and Recommendations from Magistrate
Judge H. David Young. After careful review of those 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 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.
IT IS SO ORDERED this 15th day of April, 2015.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
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