Dansby v. Norris

Filing 157

JUDGMENT GRANTING IN PART and DENYING IN PART the Petitioner's second amended petition for writ of habeas corpus for the reasons set forth in the Court's 156 Memorandum Opinion and Order. The Court finds no substantial showing for a certificate of appealability under 28 U.S.C. §2254, and it is therefore DENIED. Signed by Honorable Robert T. Dawson on August 21, 2019. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
RAY DANSBY
V.

PETITIONER
CIVIL NO. 1:03-cv-01146

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
JUDGMENT

The Court enters final judgment in this matter GRANTING IN PART and DENYING
IN PART the Petitioner’s second amended petition for writ of habeas corpus for the reasons set
forth in the Court’s Memorandum Opinion and Order.

Accordingly, and as set forth in the

Court’s Memorandum Opinion and Order, the Respondent is ordered to either stipulate to a
sentence of life imprisonment without parole or pursue the sentence of death by lethal injection
through whatever remedies available to it.

The Court instructs the Respondent to determine its

course of action within ninety (90) days; and if, it decides to pursue a sentence of death by lethal
injection, to pursue such remedies within another an additional one hundred eighty (180) days.
The Court finds no substantial showing for a certificate of appealability under 28 U.S.C. §
2254, and it is therefore DENIED.
IT IS SO ORDERED this 21st day of August 2019.
/s/ Robert T. Dawson
ROBERT T. DAWSON
SENIOR U.S. DISTRICT JUDGE

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