Wilson v. Kelley

Filing 13

ORDER ADOPTING 10 Recommended Disposition. A certificate of appealability is denied. Petitioner's 2 petition for writ of habeas corpus is denied and dismissed, with prejudice. Signed by Judge James M. Moody Jr. on 10/21/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES I. WILSON, Jr.
VS.

PETITIONER

CASE NO.: 5:16CV00020 JM/BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has carefully reviewed the Recommended Disposition filed by
Magistrate Judge Beth Deere. The Court granted Plaintiff an extension of time until
October 17, 2016, to file any objections. The parties have not filed objections. 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 Charles Wilson’s petition for writ of habeas corpus (#2) is DENIED and
DISMISSED, with prejudice, this 21st day of October, 2016.

________________________________
UNITED STATES DISTRICT JUDGE