Hayes v. Kelley

Filing 46

ORDER adopting 35 the proposed findings and recommendations; dismissing without prejudice 1 Hayes's writ of habeas corpus for failure to exhaust state court remedies; and denying as moot 21 31 32 33 34 35 42 44 45 the remainder of Hayes's outstanding motions. A certificate of appealability will not be granted because Hayes has not made a substantial showing of the denial of a constitutional right. An in forma pauperis appeal, therefore, would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/25/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STEVEN C. HAYES
v.

PLAINTIFF
CASE NO. 5:16-CV-00162 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

DEFENDANT

ORDER

The proposed findings and recommendations submitted by United States Magistrate
Judge Jerome T. Kearney [Doc. No. 35] have been received, along with the objections
thereto submitted by plaintiff Steven Hayes [Doc. Nos. 37, 39, 40, 43]. After de novo
review of the record, the proposed findings and recommendations are adopted in part and
rejected in part. Hayes’s writ of habeas corpus [Doc. No. 1] is dismissed for his failure to
exhaust state court remedies as required by 28 U.S.C. § 2254(b)(1)(A).
Accordingly, Hayes’s petition is dismissed without prejudice, the relief sought is
denied, and the remainder of Hayes’s outstanding motions are denied as moot [Doc. Nos.
21, 31, 32, 33, 34, 35, 42, 44, 45]. A certificate of appealability will not be granted because
Hayes has not made a substantial showing of the denial of a constitutional right. 28 U.S.C.
§ 2253(c)(1)-(2). An in forma pauperis appeal, therefore, would not be taken in good faith.

See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A).
IT IS SO ORDERED this 25th day of October 2016.

________________________________
UNITED STATES DISTRICT JUDGE