Foster v. Kelley

Filing 20

ORDER adopting in all respects Judge Kearney's 16 proposed findings and recommendations in their entirety; denying Mr. Foster's 2 petition for writ of habeas corpus; and finding as moot Mr. Foster's 19 Motion to Stay. I will not issue a certificate of appealability because Mr. Foster has not made a substantial showing of the denial of a constitutional right. Signed by Judge Billy Roy Wilson on 10/14/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DELROY GEORGE FOSTER
ADC #138153
VS.

PETITIONER

5:15-CV-00059-BRW-JTK

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
I have received the proposed findings and recommendations from United States Magistrate
Judge Jerome T. Kearney. After careful review of the findings and recommendations and the timely
objections thereto, as well as a de novo review of the record, I adopt as my findings in all respects
Judge Kearney’s proposed findings and recommendations in their entirety. Accordingly, Mr.
Foster’s petition for writ of habeas corpus is DENIED.
Mr. Foster’s “Motion to Stay” (which appears to be a request for an extension of time to
object and an objection) is MOOT.
I will not issue a certificate of appealability because Mr. Foster has not made a substantial
showing of the denial of a constitutional right.1
IT SO ORDERED this 14th day of October, 2015.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

See 28 U.S.C. § 2253(c).