Russell v. Kelly
ORDER Adopting 9 Proposed Findings and Recommendations in their entirety. The Court finds no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. Signed by Judge James M. Moody Jr. on 9/14/2017. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 5:17CV00120 JM-PSH
WENDY KELLEY, Director,
Arkansas Department of Correction (ADC)
The Court has received proposed Findings and Recommendations from Magistrate Judge
Patricia S. Harris. After careful review of those Findings and Recommendations, the timely
objections received thereto, and a de novo review of the record, the Court concludes that the
Findings and Recommendations should be, and hereby are, approved and adopted in their entirety
as this court's findings in all respects. Judgment will be entered accordingly.
Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in
the United States District Court, the Court must determine whether to issue a certificate of
appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the
applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. §
2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a
denial of a constitutional right. Thus, the certificate of appealability is denied.
IT IS SO ORDERED this 14th day of September, 2017.
UNITED STATES DISTRICT JUDGE
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