Rainer v. Kelley, No. 5:2015cv00153 - Document 20 (E.D. Ark. 2016)
Court Description: ORDER adopting 17 the proposed findings and recommendations in all respects; and denying, with prejudice, 1 Petitioner's Writ of Habeas Corpus because, just as petitioner's first, second, third, and fifth grounds for relief, petitioner 's fourth ground for relief is without merit. A certificate of appealability may, however, issue on petitioner's fourth ground for relief because he has made substantial showing of a denial of constitutional right. Signed by Chief Judge Brian S. Miller on 2/2/2016. (kdr)
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Rainer v. Kelley Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SHAWN TREVELL RAINER ADC #114199 v. PETITIONER CASE NO. 5:15CV00153 BSM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommendations (“RD”) submitted by United States Magistrate Judge Jerome T. Kearney, petitioner’s objections thereto [Doc. No. 18], and respondent’s response [Doc. No. 19] have been reviewed. After carefully considering these documents and a de novo review of the record, the RD are hereby adopted in all respects. IT IS THEREFORE ORDERED that: 1 Petitioner’s writ of habeas corpus [Doc. No. 1] is denied with prejudice because, just as petitioner’s first, second, third, and fifth grounds for relief, see Doc. No. 11, petitioner’s fourth ground for relief is without merit. 2 A certificate of appealability may, however, issue on petitioner’s fourth ground for relief because he has made a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253(c). IT IS SO ORDERED this 2nd day of February 2016. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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