Parker v. Kelley

Filing 6

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RONALD E. PARKER VS. PETITIONER CASE NO.: 5:16-CV-294-JM-BD WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER 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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