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)

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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

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