Frost v. Kelley

Filing 18

ORDER ADOPTING 16 Proposed Findings and Recommended Disposition. Respondent's 7 Motion to dismiss is GRANTED. Petitioner's cause of action is DISMISSED, and the requested relief is denied. A certificate of appealability will not be issued. Signed by Judge James M. Moody Jr. on 5/19/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JIMMY LEE FROST,
ADC #140003
v.

PETITIONER

5:15CV00036-JM-JJV

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Petitioner’s objections. After carefully
considering the Petitioner’s reply and making a de novo review of the record, the Court concludes
that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and
adopted in their entirety as this Court's findings in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Respondent’s Motion to Dismiss (Doc. No. 7) is GRANTED, and Petitioner’s cause

of action is DISMISSED, and the requested relief is denied.
2.

A certificate of appealability will not be issued.

SO ORDERED this 19th day of May, 2015.

_____________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE