Hill v. Kelley

Filing 15

ORDER approving and adopting the 14 Recommended Disposition as this Court's findings in all respects; denying and dismissing, with prejudice, petitioner Timothy Hill's 1 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge James M. Moody Jr. on 9/20/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TIMOTHY HILL
ADC #159154
VS.

PETITIONER

NO. 5:15CV00356-JM-BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has carefully reviewed the Recommended Disposition filed by
Magistrate Judge Beth Deere. The parties have not filed objections. The Court concludes
that the Recommendation should be, and hereby is, approved and adopted as this Court’s
findings in all respects.
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.
Petitioner Timothy Hill’s petition for writ of habeas corpus (#1) is DENIED and
DISMISSED, with prejudice, this 20th day of September, 2016.

________________________________
UNITED STATES DISTRICT JUDGE