Johnston v. Kelley
ORDER adopting in their entirety 7 the proposed findings and recommendations; dismissing with prejudice 1 Johnston's petition for writ of habeas corpus and denying the relief sought. A certificate of appealability will not be granted because Johnston has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 5/12/2017. (kdr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO. 5:16CV00098 BSM
WENDY KELLEY, Director,
Arkansas Department of Correction
The proposed findings and recommendations [Doc. No. 7] submitted by United States
Magistrate Judge Joe J. Volpe have been received along with petitioner Johnathan Johnston’s
objections and respondent Wendy Kelley’s response to Johnston’s objections. See Doc. Nos.
After careful consideration of the record, the proposed findings and
recommendations are adopted in their entirety. Accordingly, Johnston’s petition for writ of
habeas corpus [Doc. No. 1] pursuant to 28 U.S.C. section 2254 is dismissed with prejudice,
and the relief sought is denied. A certificate of appealability will not be granted because
Johnston has not made a substantial showing of the denial of a constitutional right. See 28
U.S.C. § 2253(c)(1)-(2).
IT IS SO ORDERED this 12th day of May 2017.
UNITED STATES DISTRICT JUDGE
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