Patrick v. Kelley

Filing 5

ORDER adopting 4 Recommended Disposition. The 2 Petition for Writ of Habeas Corpus filed by Eddie Lee Patrick, Jr. is DISMISSED, without prejudice. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 3/7/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDDIE LEE PATRICK, JR.
ADC # 94049
v.

PETITIONER

NO. 5:16CV00034-JLH-BD

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received the Recommended Disposition (“Recommendation”) filed
by Magistrate Judge Beth Deere. The parties have not filed any objections. After careful
review of the Recommendation, 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 Eddie Lee Patrick’s petition for writ of habeas corpus (docket entry #2)
is DISMISSED without prejudice, this 7th day of March, 2016.

________________________________
UNITED STATES DISTRICT JUDGE