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)

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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

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