Bunch v. Kelley

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 dismissing the Petition for Writ of Habeas Corpus and the Amended Petition for Writ of Habeas Corpus without prejudice; the pending motion for evidentiary hearing 3 is denied as moot; a certificate of appealability is denied. Signed by Judge Susan Webber Wright on 1/26/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RODNEY BUNCH ADC #117083 VS. PETITIONER CASE NO.: 5:15CV00245 SWW/BD WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere, and has reviewed de novo those portions of the Recommendation to which Mr. Bunch objects. This Court adopts the Recommendation as its own. Rodney Bunch’s Petition for Writ of Habeas Corpus (docket entry #1) and Amended Petition for Writ of Habeas Corpus (#4) are DISMISSED, without prejudice, and his pending motion for evidentiary hearing (#3) is DENIED as moot. 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 26th day of January, 2015. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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