Adams v. Kelley
Filing
14
ORDER Adopting 10 Proposed Findings and Recommendations. Mr. Adams's 2 petition for writ of habeas corpus is dismissed with prejudice, and the request for relief is denied. The Court will not issue a certificate of appealability. Signed by Judge Kristine G. Baker on 12/11/2017. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
THOMAS ALLEN ADAMS
ADC#148291
v.
PETITIONER
Case No. 5:15-cv-00264 KGB/JTK
WENDY KELLEY, Director of
Arkansas Department of Corrections
RESPONDENT
ORDER
Before the Court are the Proposed Findings and Recommendations (“Recommendations”)
from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 10). Plaintiff Thomas Allen
Adams filed objections to Judge Kearney’s Recommendations (Dkt. Nos. 11, 12). After review
of Judge Kearney’s Recommendations and the timely objections, as well as a de novo review of
the record, this Court adopts Judge Kearney’s Recommendations in their entirety as this Court’s
findings in all respects (Dkt. No. 10).
The Court has carefully reviewed Mr. Adams’s objections. His objections do not persuade
this Court to reject Judge Kearney’s Recommendations. Specifically in regard to Mr. Adams’s
fourth argument of actual innocence, based on a review of the entire record including but not
limited to the objections, the Court adopts Judge Kearney’s Recommendations and determines that
Mr. Adams has not presented sufficient new evidence to rise to the level of proof required for the
actual innocence claim to excuse his untimeliness.
It is therefore ordered that Mr. Adams’s petition for writ of habeas corpus is dismissed
with prejudice, and the request for relief is denied (Dkt. No. 2). The Court will not issue a
certificate of appealability because Mr. Adams has not made a substantial showing of the denial
of a constitutional right. 28 U.S.C. § 2253(c).
It is so ordered, this the 11th day of December, 2017.
_______________________________
Kristine G. Baker
United States District Judge
2
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