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)

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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

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