Rainer v. Kelley

Filing 14

ORDER adopting 11 the proposed findings and recommendations; denying Petitioner Shawn Rainer's first, second, third, and fifth grounds for relief; and directing the parties to submit further briefings with regards to Rainer's fourth groun d for relief within 45 days of this order. No further extensions of time will be given. A certificate of appealability will not issue because Rainer has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 10/14/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHAWN TREVELL RAINER
ADC #114199
v.

PETITIONER

CASE NO. 5:15CV00153 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommendations (“recommendations”) submitted by
United States Magistrate Judge Jerome T. Kearney have been reviewed. No objections have
been filed. After careful consideration, the recommendations are hereby adopted in all
respects.
IT IS THEREFORE ORDERED that:
1

Petitioner Shawn Rainer’s first, second, third, and fifth grounds for relief are

denied.
2

Consistent with the instructions set forth in the recommendations, the parties

are directed to submit further briefings with regards to Rainer’s fourth ground for relief
within forty-five days of this order. No extensions of time will be given.
3

A certificate of appealability will not issue because Rainer has not made a

substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)
IT IS SO ORDERED this 14th day of October 2015.

________________________________
UNITED STATES DISTRICT JUDGE

2