Sims v. Kelley

Filing 12

ORDER adopting 11 the Proposed Findings and Recommended Disposition; dismissing Mr. Sims's' 2254 Petition for Writ of Habeas Corpus and denying the requested relief. A certificate of appealability will not be issued. Signed by Judge Billy Roy Wilson on 4/26/2017. (kdr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRIAN ELAM SIMS ADC # 155244 v. PETITIONER 5:16CV00293-BRW 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. No objections have been filed. After careful consideration, the Court concludes 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. Sims=s ' 2254 Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED and the requested relief is denied. 2. A certificate of appealability will not be issued. SO ORDERED this 26th day of April, 2017. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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