Camp v. Kelley

Filing 15

ORDER adopting 13 Recommendation and overruling 14 Objections. Camp's petition will be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 2/8/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WYOUMAN DAVID CAMP ADC #086002 v. PETITIONER No. 5:16-cv-46-DPM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER 1. On de nova review, the Court adopts Magistrate Judge Harris's recommendation, Ng 13, and overrules Camp's objections, Ng 14. FED. R. CIV. P. 72(b)(3). Camp's petition will be dismissed with prejudice. 2. Camp pushes for a certificate of appealability on his Brndy/Giglio claim. Ng 14 at 1-2. But he hasn't cleared AEDPA's high bar. 28 U.S.C. § 2254(d)(l). The Arkansas Supreme Court correctly identified the controlling precedent and didn't apply it in an objectively unreasonable way. Willimns v. Taylor, 529 U.S. 362, 409-13 (2000). Because that isn't a matter about which reasonable jurists could disagree, no certificate of appealability will issue. 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). So Ordered. D. P. Marshall Jr. United States District Judge -2-

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