Beaver v. Kelley

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 ; the petition for writ of habeas corpus is dismissed without prejudice; as there is no issue on which Beaver has made a substantial showing of a denial of a constitutional right, a certificate of appealability is denied; all other pending motions are denied as moot. Signed by Chief Judge Brian S. Miller on 6/30/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BYRON KEVIN BEAVER,
ADC # 153230
v.

PETITIONER

CASE NO. 5:15CV00032 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition (“RD”) submitted by United
States Magistrate Judge Joe J. Volpe and petitioner’s objections thereto have been reviewed.
After careful consideration of these documents and a de novo review of the record, the RD
are hereby adopted in all respects.
Byron Beaver’s petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254,
[Doc. No. 2] is dismissed without 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 Beaver has
made a substantial showing of a denial of a constitutional right, a certificate of appealability
is denied. All other pending motions are denied as moot.
IT IS SO ORDERED this 30th day of June 2015.

________________________________
UNITED STATES DISTRICT JUDGE