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)

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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).

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