Lever v. Kelly

Filing 8

ORDER adopting the Recommended Disposition by Magistrate Judge Beth Deere 6 ; petitioner's petition is denied; a certificate of appealability is denied; this case is dismissed without prejudice. Signed by Judge Billy Roy Wilson on 6/22/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES C. LEVER ADC# 99939 VS. PETITIONER 5:16CV00155 BRW/BD WENDY KELLEY, Director, Arkansas Department of Correction, et al. RESPONDENT ORDER The Court has received and reviewed the Recommended Disposition (“Recommendation”) filed by Magistrate Judge Beth Deere. After a careful review of Mr. Lever’s objections and a de novo review of the record, the Court approves and adopts the Recommendation as its 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.1 A certificate of appealability may issue only if a petitioner has made a substantial showing of the denial of a constitutional right.2 In this case, there is no basis for this court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied. Accordingly, this case is DISMISSED without prejudice. IT IS SO ORDERED this 22nd day of June, 2016. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Rule 11 of the Rules Governing Section 2254 Cases. 2 28 U.S.C. § 2253(c)(1)-(2).

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