Stewart v. Kelly
ORDER Adopting 13 Proposed Findings and Recommendations in their entirety. The court finds no issue on which the petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. Judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 2/17/2016. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RONALD GENE TUCKER STEWART
NO. 5:15CV00304 JLH/PSH
WENDY KELLEY, Director of the
Arkansas Department of Correction
The Court has received proposed Findings and Recommendations from Magistrate Judge
Patricia S. Harris. No objections have been filed. After careful review, the Court concludes that the
Findings and Recommendations should be, and hereby are, approved and adopted in their entirety
as this Court’s findings in all respects. Judgment will be entered accordingly.
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 SO ORDERED this 17th day of February, 2016.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?