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)

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

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