Starling v. Kelley

Filing 17

ORDER approving and adopting in their entirety the 13 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing Petitioner's cause of action; denying the requested relief; and denying a certificate of appealability. Signed by Judge James M. Moody Jr. on 12/16/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FRANK STARLING, ADC #158536 V. PETITIONER 5:16CV00180-JM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Petitioner’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that Petitioner’s cause of action is DISMISSED and the requested relief is denied. A certificate of appealability is DENIED. SO ORDERED this 16th day of December, 2016. _____________________________________ JAMES M. MOODY JR. UNITED STATES DISTRICT JUDGE

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