Ford v. Kelley

Filing 40

ORDER approving and adopting the 23 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; granting 21 Respondent Wendy Kelley's motion to dismiss; dismissing Mr. Ford's petition for wri t of habeas corpus and denying the requested relief; and denying as moot all other pending motions. The Court will not issue a certificate of appealability because Mr. Ford has not made a substantial showing of a denial of a constitutional right. Signed by Judge Kristine G. Baker on 6/30/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAMIEN FORD
ADC #143035
v.

PETITIONER

Case No. 5:16-cv-00291 KGB/JJV

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe and plaintiff Damien Ford’s objections (Dkt. Nos. 23; 24;
25). After carefully considering the objections and making a de novo review of the record, the
Court concludes that the Proposed Findings and Recommendations should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects (Dkt. No. 23).
It is therefore ordered that:
1.

Respondent Wendy Kelley’s motion to dismiss is granted (Dkt. No. 21).

2.

Mr. Ford’s petition for writ of habeas corpus is dismissed, and the requested relief

is denied (Dkt. No. 2). All other pending motions are denied as moot.
3.

The Court will not issue a certificate of appealability because Mr. Ford has not

made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).
So ordered this 30th day of June, 2017.

____________________________________
Kristine G. Baker
United States District Judge