Chambliss v. Kelley
ORDER approving and adopting 7 Recommended Disposition in its entirety as this Court's findings in all respects; dismissing Mr. Chambliss's 2 petition for writ of habeas corpus with prejudice; directing the Clerk to send a file marked c opy of Mr. Chambliss's 8 objection to the Recommended Disposition at his address of record; 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) (jak).
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EARNEST LEE CHAMBLISS, Jr
Case No. 5:15-cv-00084-KGB-BD
WENDY KELLEY, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition filed by United States Magistrate
Judge Beth Deere (Dkt. No. 7). Petitioner Earnest Lee Chambliss, Jr., has filed an objection to
the Recommended Disposition (Dkt. No. 8), and defendant Wendy Kelley has filed a response
(Dkt. No. 9). After careful review of the Recommended Disposition, the timely 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.
Accordingly, Mr. Chambliss’s petition for writ of habeas corpus is denied and dismissed
with prejudice (Dkt. No. 2).
The Court directs that, in keeping with Mr. Chambliss’s request, the Clerk of Clerk of
send a file marked copy of Mr. Chambliss’s objections to the Recommended Disposition to Mr.
Chambliss at his address of record (Dkt. No. 8).
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
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