Noble v. Kelley
ORDER adopting 5 Recommendation as this Court's own. Noble's 1 petition is denied and dismissed, without prejudice. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 10/19/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHERMAN D. NOBLE
NO. 5:15CV00296 JLH/BD
WENDY KELLEY, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. In addition, the Court has considered Sherman D. Noble’s objections
to the Recommendation and has reviewed de novo those portions of the record relevant to those
After careful consideration, this Court adopts the Recommendation as its own. Noble’s
petition for writ of habeas corpus (docket entry #1) is denied and dismissed, without prejudice.
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 19th day of October, 2015.
UNITED STATES DISTRICT JUDGE
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