McCullough v. Kelley, No. 5:2015cv00162 - Document 19 (E.D. Ark. 2016)

Court Description: ORDER ADOPTING 18 Proposed Findings and Recommendations 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. Because the Court will not issue a certificate of appealability, it certifies that an appeal in forma pauperis would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/15/2016. (mcz)

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McCullough v. Kelley Doc. 19 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALVIN T. MCCULLOUGH ADC #131910 v. PETITIONER Case No. 5:15-cv-00162 JM-JTK WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After careful review, 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). Because the Court will not issue a certificate of appealability, it certifies that an appeal in forma pauperis would not be taken in good faith. Fed. R. App. P. 24(a)(3)(A). IT IS SO ORDERED this 15th day of March, 2016. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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