Allen v. Kelley
ORDER approving and adopting 9 Findings and Recommendations in their entirety as this Court's findings in all respects and denying the certificate of appealability. Signed by Judge Susan Webber Wright on 8/30/2016. (mef)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAVID LEE ALLEN
CASE NO. 5:16CV00022 SWW
WENDY KELLEY, Director of the
Arkansas Department of Correction
The Court has received proposed Findings and Recommendations from Magistrate
Judge Patricia S. Harris. After careful review of those Findings and Recommendations, the
timely objections received thereto, and a de novo review of the record, the Court concludes that
the Findings and Recommendations should be, and hereby are, approved and adopted in their
entirety as this Court's findings in all respects. Judgment will be entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases
in the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if
the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a
denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 30th day of August, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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