Toombs v. Kelly

Filing 32

ORDER approving and adopting in their entirety the 30 proposed findings and recommended disposition as this Court's findings in all respects; dismissing with prejudice Anthony Donnell Toombs' 1 petition for writ of habeas corpus; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 8/25/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANTHONY DONNELL TOOMBS, ADC #101840 v. PETITIONER No. 5:16CV00014-JLH/JTR WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray have been reviewed, along with the filed objections. After careful consideration and a de novo review of the record in this case, the Court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed by Anthony Donnell Toombs, is dismissed with prejudice. Document #1. In § 2254 cases, a certificate of appealability may issue only if the petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which Toombs has made a substantial showing of a denial of a constitutional right, a certificate of appealability is denied. IT IS SO ORDERED this 25th day of August, 2017. __________________________________ UNITED STATES DISTRICT JUDGE

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