Kennedy v. Kelley
Filing
27
ORDER approving and adopting in their entirety the 25 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing Mr. Kennedy's 2 Petition for Writ of Habeas Corpus and denying the requested relief ; denying Respondent's 6 Motion to Dismiss based on the Petition being successive; and denying Mr. Kennedy's 11 Motion for Summary Judgment, Declaratory Judgment, and Injunctive Relief. A certificate of appealability will not be issued. Signed by Judge J. Leon Holmes on 11/28/2016. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JEREMY KENNEDY, ADC #093061
v.
PETITIONER
No. 5:16CV00195-JLH-JJV
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:
1.
Mr. Kennedy’s Petition for Writ of Habeas Corpus (Doc. No. 2) is DISMISSED, and
the requested relief is DENIED;
2.
Respondent’s Motion to Dismiss (Doc. No. 6) based on the Petition being successive
is DENIED;
3.
Mr. Kennedy’s Motion for Summary Judgment, Declaratory Judgment, and
Injunctive Relief (Doc. No. 11) is DENIED; and
4.
A certificate of appealability will not be issued.
SO ORDERED this 28th day of November, 2016.
_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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