Benjamin v. Kelly

Filing 30

ORDER approving and adopting the 28 findings and recommendation in their entirety; granting Respondent's 18 Motion to Dismiss; dismissing Petitioner's 1 writ of habeas corpus without prejudice so that he may seek permission from the Court of Appeals to file his petition. All requested relief is denied, and judgment will be entered. A certificate of appealability is denied. Signed by Judge Billy Roy Wilson on 01/30/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL BENJAMIN
VS.

PETITIONER
5:16-cv-00253 BRW

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
I received the findings and recommendation from Magistrate Judge Patricia S. Harris.
After a careful review of the findings and recommendation, the timely objections received
thereto, and a de novo review of the record, I approve and adopt the findings and
recommendation in their entirety.
Respondent’s Motion to Dismiss (Doc. No. 18) is GRANTED. Petitioner’s writ of
habeas corpus under 28 U.S.C. §2254 is dismissed without prejudice so that he may seek
permission from the Court of Appeals to file his petition. All requested relief is denied, and
judgment will be entered. A certificate of appealability is denied.1
IT IS SO ORDERED this 30th day of January, 2017.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Courts.

See Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District