Smith v. Kelley et al

Filing 17

ORDER adopting in their entirety 15 the proposed findings and recommended, denying the requested relief and dismissing, with prejudice, petitioner Rasean Smith's habeas petition; and certifying that an appeal in forma pauperis would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/2/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RASEAN S. SMITH
ADC #096566
v.

PETITIONER

CASE NO. 5:17-CV-00052 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction and
ARKANSAS BOARD OF PAROLE

RESPONDENTS

ORDER
The proposed findings and recommended disposition [Doc. No. 15] submitted by
United States Magistrate Judge Jerome T. Kearney have been received. No objections have
been filed. After careful review of the record, the proposed findings and recommended
disposition are adopted in their entirety, the requested relief is denied, and petitioner Rasean
Smith’s habeas petition is dismissed with prejudice. Further, no certificate of appealability
will be issued because Smith has not made a substantial showing of the denial of a
constitutional right. See 28 U.S.C. § 2253(c). Accordingly, it is certified that an appeal in
forma pauperis would not be taken in good faith. See Fed. R. App. P. 24(a)(3)(A).
IT IS SO ORDERED this 2nd day of August 2018.

UNITED STATES DISTRICT JUDGE