Bunch v. Kelley
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO.: 5:15CV00245 SWW/BD
WENDY KELLEY, Director,
Arkansas Department of Correction
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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