Hendrix v. Arkansas, State of

Filing 23

ORDER approving and adopting in their entirety the 19 proposed findings and recommended disposition as this Court's findings in all respects; dismissing with prejudice the 2 petition for writ of habeas corpus filed by Lester L. Hendrix; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 7/31/2017. (ljb)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LESTER L. HENDRIX
v.

PETITIONER
No. 5:16CV00268-JLH-JTR

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray have been reviewed, along with the filed objections. After careful
consideration and a de novo review of the record in this case, 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.
The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. No. 2] filed by
Lester L. Hendrix is dismissed with prejudice. In § 2254 cases, a certificate of appealability may
issue only if the petitioner has made a substantial showing of the denial of a constitutional right.
28 U.S.C. § 2253(c)(1)-(2). As there is no issue on which Hendrix has made a substantial showing
of a denial of a constitutional right, a certificate of appealability is denied.
IT IS SO ORDERED this 31st day of July, 2017.

_________________________________
UNITED STATES DISTRICT JUDGE