Ingram v. Kelley

Filing 35

ORDER Approving and Adopting 26 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing petitioner's 1 Petition for Writ of Habeas Corpus with prejudice and denying the requested relief; denying a certificate of appealability; and denying all pending motions as moot. Judgment shall be entered accordingly. Signed by Judge Kristine G. Baker on 09/13/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD DEVAL INGRAM,
ADC #153742
v.

PETITIONER
Case No. 5:15-cv-00272 KGB

WENDY KELLEY

DEFENDANT
ORDER

The Court has received Proposed Findings and Recommendation from United States
Magistrate Judge Patricia S. Harris (Dkt. No. 26). Petitioner Richard DeVal Ingram’s objections
to the Proposed Findings and Recommendation were timely (Dkt. No. 27), but he represented to
the Court that they were incomplete and requested additional time to complete his objections
(Dkt. No. 30). This Court granted that request on May 11, 2016 (Dkt. No. 31). Mr. Ingram then
filed his additional objections to the Proposed Findings and Recommendations (Dkt. No. 33).
After careful review of the Proposed Findings and Recommendations and the timely
objections thereto, as well as a de novo review of the record, the Court concludes that the
Proposed Findings and Recommendations should be, and hereby are, approved and adopted in
their entirety as this Court’s findings in all respects.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in
the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of
a denial of a constitutional right. Thus, the certificate of appealability is denied.

It is therefore ordered that petitioner Richard DeVal Ingram’s Petition for Writ of Habeas
Corpus is dismissed with prejudice and the requested relief is denied.

A certificate of

appealability is denied. Judgment shall be entered accordingly. All pending motions are denied
as moot.
So ordered this 13th day of September, 2016.
________________________________
Kristine G. Baker
United States District Judge

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