McCullough v. Kelley
Filing
19
ORDER ADOPTING 18 Proposed Findings and Recommendations in all respects in their entirety. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of a denial of a constitutional right. Because the Court will not issue a certificate of appealability, it certifies that an appeal in forma pauperis would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/15/2016. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALVIN T. MCCULLOUGH
ADC #131910
v.
PETITIONER
Case No. 5:15-cv-00162 JM-JTK
WENDY KELLEY, Director,
Arkansas Department of Correction
RESPONDENT
ORDER
The Court has received proposed findings and recommendations from United
States Magistrate Judge Jerome T. Kearney. There have been no objections. After
careful review, the Court concludes that the findings and recommendations should be, and
are hereby, approved and adopted as this Court’s findings in all respects in their entirety.
Judgment shall be entered accordingly.
The Court will not issue a certificate of appealability because Petitioner has not
made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)(2). Because the Court will not issue a certificate of appealability, it certifies that an
appeal in forma pauperis would not be taken in good faith. Fed. R. App. P. 24(a)(3)(A).
IT IS SO ORDERED this 15th day of March, 2016.
UNITED STATES DISTRICT JUDGE
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