Gilliland v. Hobbs, Director, Arkansas Department of Correction

Filing 24

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS and denying Text Only Motion for Certificate of Appealability. Signed by Honorable P. K. Holmes, III on July 19, 2016. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
MICHAEL WAYNE GILLILAND
v.

PETITIONER
No. 6:14-CV-06139

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received a report and recommendations (Doc. 21) from Chief United States
Magistrate Judge Barry A. Bryant and objections (Doc. 23) from Petitioner Michael Wayne
Gilliland. The Magistrate recommends that a certificate of appealability in this case be denied.
Upon due consideration, the Court finds that Petitioner’s objections offer neither law nor fact
requiring departure from the Magistrate’s findings and recommendations, that the Magistrate’s
report does not otherwise contain any clear error, and that the Magistrate’s report should be, and
hereby is, ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED that Petitioner Michael Wayne Gilliland’s text only
motion for a certificate of appealability, filed July 6, 2015 and supplemented August 6, 2015, is
DENIED.
IT IS SO ORDERED this 19th day of July, 2016.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE