Scott v. Kelley

Filing 11

ORDER adopting 5 the proposed findings and recommendations; and dismissing 1 Billy Scott's petition for writ of habeas corpus, with prejudice, as an unauthorized successive filing. A certificate of appealability will not issue because Scott has not made a substantial showing of the denial of a constitutional right. Accordingly, 2 10 Scott's motions for a certificate of appealability are denied. Signed by Chief Judge Brian S. Miller on 8/4/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BILLY RAY SCOTT
ADC #76695
v.

PETITIONER

CASE NO. 5:15CV00201 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 and petitioner Billy Scott’s objections thereto have been
reviewed. After careful consideration of these documents and a de novo review of the record,
the RD are hereby adopted in all respects.
IT IS THEREFORE ORDERED that:
1

Scott’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc.

No. 1] is dismissed with prejudice as unauthorized successive filing.
2

A certificate of appealability will not issue because Scott has not made a

substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c).
3

Accordingly, Scott’s motions for a certificate of appealability [Doc. Nos. 2 &

10] are denied.
IT SO ORDERED this 4th day of August 2015.
________________________________
UNITED STATES DISTRICT JUDGE