Marshall v. Payne, No. 4:2020cv00732 - Document 11 (E.D. Ark. 2020)
Court Description: ORDER approving and adopting in their entirety 9 Findings and Recommendations as this court's findings in all respects; and denying a certificate of appealability. Signed by Judge James M. Moody Jr. on 10/30/2020. (ljb)
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Marshall v. Payne Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION KENNETH RAY MARSHALL PETITIONER 4:20CV00732 JM/PSH DEXTER PAYNE, DIRECTOR, Arkansas Department of Correction RESPONDENT ORDER The Court has received proposed Findings and Recommendations from Magistrate Judge Patricia S. Harris. After careful review of those Findings and Recommendations, the timely objections received thereto, and a de novo review of the record, the Court concludes that the Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. Judgment will be entered accordingly. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). The Court finds no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS SO ORDERED this 30th day of October, 2020. Dockets.Justia.com UNITED STATES DISTRICT JUDGE
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