White v. Kelly

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 30 ; denying 29 Motion for Certificate of Appealability. Signed by Honorable Susan O. Hickey on May 12, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KENNETH WHITE v. PETITIONER Case No. 4:16-cv-4067 WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER Before the Court is the Report and Recommendation filed April 17, 2017, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 30). Judge Bryant recommends that Petitioner Kenneth White’s Motion for Certificate of Appealability1 (ECF No. 29) be denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. Se 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Petitioner’s Motion for Certificate of Appealability (ECF No. 29) is hereby DENIED. IT IS SO ORDERED, this 12th day of May, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 On March 13, 2017, the Court adopted a Report and Recommendation, granting Respondent Wendy Kelley’s motion to dismiss and denying Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. On April 17, 2017, Petitioner mailed to the Clerk of Court a letter dated April 12, 2017, indicating that he wished to appeal the dismissal of his case. The letter was construed as a motion for certificate of appealability.

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