Stalnaker v. Kelley

Filing 13

ORDER ADOPTING 11 Report and Recommendations and the 1 Petition is DENIED. Judgment will be entered accordingly. Signed by Honorable P. K. Holmes, III on June 5, 2017. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DANNY STALNAKER v. PETITIONER No. 6:16-CV-06030 WENDY KELLY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received a report and recommendation (Doc. 11) from Chief United States Magistrate Judge Barry A. Bryant. Petitioner has filed objections. The Magistrate recommends that the Court deny the petition for a writ of habeas corpus. The Court has reviewed the report and recommendation de novo where Petitioner has objected. 28 U.S.C. ยง 636(b)(1)(C). The objections offer no reason to depart from the Magistrate's findings. The report otherwise contains no clear error. The report and recommendation is ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that the petition for a writ of habeas corpus (Doc. 1) is DENIED and the petition is DISMISSED WITH PREJUDICE. No certificate of appealability shall issue. Judgment will be entered accordingly. IT IS SO ORDERED this 5th day of June, 2017. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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