Hutchinson v. Kelley

Filing 12

ORDER adopting 8 Recommended Disposition as its own; denying and dismissing, without prejudice, Dennis Hutchinson's 1 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 11/30/2015. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DENNIS HUTCHINSON ADC#143206 v. PETITIONER NO. 5:15CV00342 JLH/BD WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. In addition, the Court has considered Mr. Hutchinson’s objections to the Recommendation and has reviewed de novo those portions of the record relevant to those objections. After careful consideration, this Court adopts the Recommendation as its own.1 Dennis Hutchinson’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 30th day of November, 2015. __________________________________ UNITED STATES DISTRICT JUDGE 1 The correct case number for Hutchinson’s prior petition under section 2254 is 5:13CV00052-JLH.

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