Eldridge v. Kelly

Filing 14

ORDER Adopting 12 Recommended Disposition. Petitioner's 2 Petition for a writ of habeas corpus is denied, with prejudice; Petitioner's 7 motion to amend habeas corpus is denied; and a certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 2/15/2017. (mcz)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDWARD I. ELDRIDGE, SR. ADC #157109 VS. PETITIONER 5:16-CV-00132 JM/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. A response was filed in which Petitioner stated that he accepted the recommendation. After careful consideration, 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. Judgment will be entered accordingly. IT IS THEREFORE ORDERED THAT: 1. Petitioner Edward I. Eldridge, Sr.’s 28 U.S.C. § 2254 Petition for a Writ of Habeas Corpus, Doc. 2, is DENIED with prejudice; 2. Petitioner Eldridge’s Motion for Leave to Amend Habeas Petition, doc. 7, is DENIED; and 3. A Certificate of Appealability is DENIED, see 28 U.S.C. § 2253(c)(1)-(2); Rule 11(a), Rules Governing § 2254 Cases in United States District Courts. DATED this 15th day of February, 2017. _______________________________ UNITED STATES DISTRICT JUDGE

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