McArthur v. Kelley

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 ; the Court finds no issue on which petitioner has made a substantial showing of denial of a constitutional right; accordingly a certificate of appealability is denied. Signed by Judge Billy Roy Wilson on 10/26/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STEVEN LARON McARTHUR
VS.

PETITIONER

CASE NO. 5:15CV00094 BRW/PSH

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received proposed Findings and Recommendations from Magistrate
Judge Patricia S. Harris. After careful review of those Findings and Recommendations, the
timely objections received thereto, and a de novo review of the record, the Court concludes that
the Findings and Recommendations are adopted in their entirety as this Court’s findings in all
respects. Judgment will be entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases
in the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right.1 The Court
finds no issue on which petitioner has made a substantial showing of a denial of a constitutional
right. Accordingly, the certificate of appealability is denied.
IT IS SO ORDERED this 26th day of October, 2015.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 2253(c)(1)-(2).