Miles v. Kelly

Filing 6

ORDER ADOPTING 4 Recommended Disposition: Petitioner's 1 Motion for Leave to Proceed in forma pauperis is GRANTED. The 2 Petition for Writ of Habeas Corpus is DISMISSED, WITHOUT PREJUDICE. A Certificate of Appealability is DENIED. Signed by Judge Billy Roy Wilson on 4/22/2016. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION COCHISE MILES ADC #119012 VS. PETITIONER 5:16CV00096 BRW/JTR WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the objections filed by Petitioner. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court's findings in all respects. Accordingly, Petitioner’s Motion to Proceed In Forma Pauperis (Doc. No. 1) is GRANTED. The Petition for a Writ of Habeas Corpus (Doc. No. 2) is DISMISSED, WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT a Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases. IT IS SO ORDERED this 22nd day of April, 2016. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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