Holloway v. Kelley

Filing 5

ORDER ADOPTING 3 the proposed findings and recommended disposition; dismissing, without prejudice, the petition; and denying a certificate of appealability. Signed by Chief Judge Brian S. Miller on 6/11/2015. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HAROLD B. HOLLOWAY v. PETITIONER CASE NO. 5:15CV00156 BSM WENDY KELLEY, Director of the Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommendations submitted by United States Magistrate Judge Beth Deere have been received, along with the objections thereto. After a careful review of the findings and recommendations, the objections, and a de novo review of the record, it is concluded that the findings and recommendations should be, and hereby are, approved and adopted in their entirety in all respects. Accordingly, the petition is hereby dismissed without prejudice. 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. 28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which the petitioner has made a substantial showing of a denial of a constitutional right, the certificate of appealability is denied. IT IS SO ORDERED this 11th day of June 2015. ________________________________ UNITED STATES DISTRICT JUDGE 2

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