Lofton v. Kelly, No. 5:2019cv00066 - Document 22 (E.D. Ark. 2019)
Court Description: ORDER approving and adopting 20 Findings and Recommendations in all respects; and denying the certificate of appealability. Signed by Judge Billy Roy Wilson on 8/7/2019. (ljb)
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Lofton v. Kelly Doc. 22 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE DALE LOFTON, JR. PETITIONER 5:19CV00066 BRW/PSH WENDY KELLEY, DIRECTOR, Arkansas Department of Correction RESPONDENT ORDER I have 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, I approve and adopt the Findings and Recommendations 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 7th day of August, 2019. Billy Roy Wilson UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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