Chestang v. Kelly

Filing 5

ORDER adopting 3 Recommended Disposition as this Court's own; dismissing 2 petition without prejudice. A certificate of appealability is denied. Signed by Judge Susan Webber Wright on 8/21/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KeONDRA MONTREL CHESTANG
ADC #134005
v.

PETITIONER

CASE NO.: 5:15CV00121-SWW-BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition (“Recommendation”) filed
by Magistrate Judge Beth Deere. The parties have not filed any objections to the
Recommendation. This Court adopts the Recommendation as its own. KeOndra Montrel
Chestang’s Petition for Writ of Habeas Corpus (docket entry #2) is DISMISSED, without
prejudice.
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.
IT IS SO ORDERED, this 21st day of August, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE