Rainer v. Kelley

Filing 20

ORDER adopting 17 the proposed findings and recommendations in all respects; and denying, with prejudice, 1 Petitioner's Writ of Habeas Corpus because, just as petitioner's first, second, third, and fifth grounds for relief, petitioner 's fourth ground for relief is without merit. A certificate of appealability may, however, issue on petitioner's fourth ground for relief because he has made substantial showing of a denial of constitutional right. Signed by Chief Judge Brian S. Miller on 2/2/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE 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 (“RD”) submitted by United States
Magistrate Judge Jerome T. Kearney, petitioner’s objections thereto [Doc. No. 18], and
respondent’s response [Doc. No. 19] have been reviewed. After carefully considering these
documents and a de novo review of the record, the RD are hereby adopted in all respects.
IT IS THEREFORE ORDERED that:
1

Petitioner’s writ of habeas corpus [Doc. No. 1] is denied with prejudice

because, just as petitioner’s first, second, third, and fifth grounds for relief, see Doc. No. 11,
petitioner’s fourth ground for relief is without merit.
2

A certificate of appealability may, however, issue on petitioner’s fourth ground

for relief because he has made a substantial showing of a denial of a constitutional right. See
28 U.S.C. § 2253(c).
IT IS SO ORDERED this 2nd day of February 2016.
________________________________
UNITED STATES DISTRICT JUDGE