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).

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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, 2016. ____________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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