Gilbert v. Kelley

Filing 20

ORDER approving and adopting the 18 Recommended Disposition as this Court's findings in all respects; dismissing without prejudice petitioner Stewart L. Gilbert's 1 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 9/14/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STEWART L. GILBERT
ADC #121590
VS.

PETITIONER

NO. 5:15CV00373-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. After careful consideration of the Recommendation and Mr.
Gilbert’s timely objections, and after a de novo review of the record, 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 Stewart L. Gilbert’s petition for writ of habeas corpus (#1) is DISMISSED,
without prejudice, this 14th day of September, 2016.

________________________________
UNITED STATES DISTRICT JUDGE