Lever v. Kelly
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
WENDY KELLEY, Director,
Arkansas Department of Correction, et al.
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
Rule 11 of the Rules Governing Section 2254 Cases.
28 U.S.C. § 2253(c)(1)-(2).
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