Parker v. Kelley
ORDER ADOPTING 4 Report and Recommendations. Petitioner Ronald E. Parker's 2 Petition for Writ of Habeas Corpus is denied and dismissed, without prejudice. Signed by Judge James M. Moody Jr. on 10/13/2016. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RONALD E. PARKER
CASE NO.: 5:16-CV-294-JM-BD
WENDY KELLEY, Director,
Arkansas Department of Correction
The Court has carefully reviewed the Recommended Disposition filed by
Magistrate Judge Beth Deere. After careful consideration of the Recommendation and
Mr. Parker’s timely objections, and after a de novo review of the record, the Court
concludes that the Recommendation should be, and hereby is, approved and adopted as
this Court’s findings in all respects.
When entering a final order adverse to a habeas corpus petitioner, the Court must
issue or deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254
Cases. A certificate of appealability may issue only if a petitioner has made a substantial
showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case,
there is no basis for this court to issue a certificate of appealability. Accordingly, a
certificate of appealability is denied.
Petitioner Ronald E. Parker’s petition for writ of habeas corpus (#2) is DENIED
and DISMISSED, without prejudice, this 13th day of October, 2016.
UNITED STATES DISTRICT JUDGE
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