May v. Faust

Filing 23

ORDER ADOPTING 21 Report and Recommendations in its entirety and that petitioner's petition for a writ of habeas corpus is denied and case is dismissed with prejudice. Signed by Honorable P. K. Holmes, III on December 21, 2016. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
NORMAN H. MAY
v.

PETITIONER
No. 6:16-CV-06003

WENDY KELLY

RESPONDENT
ORDER

The Court has received a report and recommendations (Doc. 21) from Chief United States
Magistrate Judge Barry A. Bryant, and timely objections (Doc. 22) from Petitioner Norman H.
May. The Magistrate recommends that Petitioner’s petition for a writ of habeas corpus (Doc. 1)
be denied as procedurally barred, or in the alternative because it fails on its merits. The Magistrate
further recommends that no certificate of appealability issue. 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 clear error, and that the report (Doc. 21) should be, and hereby is, ADOPTED IN ITS
ENTIRETY.
IT IS THEREFORE ORDERED that Petitioner’s petition for a writ of habeas corpus (Doc.
1) is DENIED and this case is DISMISSED WITH PREJUDICE. No certificate of appealability
shall issue.
Judgment will be entered accordingly.
IT IS SO ORDERED this 21st day of December, 2016.

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