Jones v. Kelley

Filing 52

ORDER approving and adopting 48 Recommendation in all respects; denying a certificate of appealability; and denying and dismissing 1 Petitioner Rodney L. Jones's petition for writ of habeas corpus. Signed by Judge Billy Roy Wilson on 10/25/2017. (cmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RODNEY L. JONES ADC#14884 PETITIONER CASE NO. 5:15-CV-357-BRW-BD WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER I have reviewed the Recommended Disposition filed by Magistrate Judge Beth Deere. After careful consideration of the Recommendation and Mr. Jones’s timely objections, and after a de novo review of the record, I approve and adopt the Recommendation in all respects. When entering a final order adverse to a habeas corpus petitioner, I 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 to issue a certificate of appealability. Accordingly, a certificate of appealability is denied. Petitioner Rodney L. Jones’s petition for writ of habeas corpus (#1) is DENIED and DISMISSED. IT IS SO ORDERED this 25th day of October, 2017. /s/ Billy Roy Wilson _______________ UNITED STATES DISTRICT JUDGE

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