Derx v. Kelley

Filing 15

ORDER adopting in its entirety 12 the proposed findings and recommendation; granting 7 Wendy Kelley's motion to dismiss; dismissing with prejudice Derx's petition for writ of habeas corpus; denying a certificate of appealability; and denying as moot Derx's motion for status update. Signed by Chief Judge Brian S. Miller on 8/29/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DENNIS R. DERX
ADC #162003
v.

PETITIONER
CASE NO. 5:18-CV-00070 BSM

WENDY KELLEY, Director ADC

RESPONDENT
ORDER

The proposed findings and recommendation submitted by United States Magistrate
Judge Patricia S. Harris [Doc. No. 12] and Dennis R. Derx’s objections [Doc. No. 13] have
been received.

After de novo review of the record, the proposed findings and

recommendations are adopted in their entirety. Accordingly, Wendy Kelley’s motion to
dismiss [Doc. No. 7] is granted, Derx’s petition for writ of habeas corpus is dismissed with
prejudice, a certificate of appealability is denied, and Derx’s motion for status update [Doc.
No. 11] is denied as moot.
IT IS SO ORDERED this 29th day of August 2018.
UNITED STATES DISTRICT JUDGE