Brice v. Hobbs, No. 4:2014cv00204 - Document 13 (E.D. Ark. 2015)
Court Description: ORDER adopting 9 Proposed Findings and Recommendations as this Court's findings in all respects in their entirety. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of a denial of a constitutional right. Signed by Judge James M. Moody Jr. on 4/27/2015. (ks)
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Brice v. Hobbs Doc. 13 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CHARLIE BRICE ADC #050409 v. PETITIONER CASE NO. 4:14CV00204 JM-JTK WENDY KELLEY1, Director Arkansas Department of Correction RESPONDENT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney.2 After careful review of the findings and recommendations and the timely objections thereto, as well as a de novo review of the record, the Court concludes that the findings and recommendations should be, and are hereby, approved and adopted as this Court’s findings in all respects in their entirety. Judgment shall be entered accordingly. The Court will not issue a certificate of appealability because Petitioner has not made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). SO ORDERED this 27th day of April, 2015. 1 Wendy Kelley replaced Roy Hobbs as Director of the Arkansas Department of Correction. Under Federal Rule of Civil Procedure 25(d), Wendy Kelley is automatically substituted as Respondent in this matter. 2 The Court is adopting the corrected findings and recommendations which reflect the fact that Petitioner pled guilty to first degree battery in Columbia County instead of Pulaski County. This correction has no bearing on the legal analysis of the petition. Dockets.Justia.com UNITED STATES DISTRICT JUDGE
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