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)

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