Johnston v. Kelley, No. 5:2016cv00098 - Document 15 (E.D. Ark. 2017)
Court Description: ORDER adopting in their entirety 7 the proposed findings and recommendations; dismissing with prejudice 1 Johnston's petition for writ of habeas corpus and denying the relief sought. A certificate of appealability will not be granted because Johnston has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 5/12/2017. (kdr)
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Johnston v. Kelley Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHNATHAN JOHNSTON ADC #154144 v. PETITIONER CASE NO. 5:16CV00098 BSM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommendations [Doc. No. 7] submitted by United States Magistrate Judge Joe J. Volpe have been received along with petitioner Johnathan Johnston’s objections and respondent Wendy Kelley’s response to Johnston’s objections. See Doc. Nos. 12, 13. After careful consideration of the record, the proposed findings and recommendations are adopted in their entirety. Accordingly, Johnston’s petition for writ of habeas corpus [Doc. No. 1] pursuant to 28 U.S.C. section 2254 is dismissed with prejudice, and the relief sought is denied. A certificate of appealability will not be granted because Johnston has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(1)-(2). IT IS SO ORDERED this 12th day of May 2017. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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