Jones v. Kelley

Filing 22

ORDER approving and adopting 14 Recommended Disposition in its entirety as this Court's findings in all respects; dismissing Mr. Jones's 1 petition for writ of habeas corpus with prejudice; and denying a certificate of appealability. Signed by Judge Kristine G. Baker on 01/07/2016. (rhm) (Additional attachment(s) added on 1/7/2016: # 1 Main Document - Correct) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
THOMAS T. JONES
v.

PETITIONER
Case No. 5:15-cv-00072 KGB-BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition filed by United States Magistrate
Judge Beth Deere (Dkt. No. 14). Petitioner Thomas T. Jones has filed an objection to the
Recommended Disposition (Dkt. No. 19). Respondent Wendy Kelley has filed a response to Mr.
Jones’s objections (Dkt. No. 20). After careful review of the Recommended Disposition, the
timely objections, the response to those objections, and a de novo review of the record, the Court
concludes that the Recommended Disposition should be, and hereby is, approved and adopted in
its entirety as this Court’s findings in all respects.
Mr. Jones’s petition for writ of habeas corpus is denied and dismissed with prejudice
(Dkt. No. 1).
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A
certificate of appealability may issue only if a petitioner has made a substantial showing of the
denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this
Court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.

SO ORDERED this 7th day of January, 2015.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE