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)

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).