Jones v. Kelley
ORDER adopting 5 Recommended Disposition as this Court's own. Charles Edward Jones, Sr.'s 2 petition for writ of habeas corpus is denied and dismissed without prejudice. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 7/28/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES EDWARD JONES, SR.
NO. 5:15CV00200 JLH/BD
WENDY KELLEY, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. In addition, the Court has considered Jones’s objections to the
Recommendation and has reviewed de novo those portions of the record relevant to Jones’s
objections. After careful consideration, this Court adopts the Recommendation as its own. Charles
Edward Jones, Sr.’s petition for writ of habeas corpus is denied and dismissed without prejudice.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A
certificate of appealability may issue only if a petitioner has made a substantial showing of the
denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this
court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED this 28th day of July, 2015.
UNITED STATES DISTRICT JUDGE
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