Dansby v. Kelley, Director, ADC, No. 1:2003cv01146 - Document 157 (W.D. Ark. 2019)
Court Description: JUDGMENT GRANTING IN PART and DENYING IN PART the Petitioner's second amended petition for writ of habeas corpus for the reasons set forth in the Court's 156 Memorandum Opinion and Order. The Court finds no substantial showing for a certificate of appealability under 28 U.S.C. §2254, and it is therefore DENIED. Signed by Honorable Robert T. Dawson on August 21, 2019. (lw)
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Dansby v. Kelley, Director, ADC Doc. 157 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION RAY DANSBY V. PETITIONER CIVIL NO. 1:03-cv-01146 WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT JUDGMENT The Court enters final judgment in this matter GRANTING IN PART and DENYING IN PART the Petitioner’s second amended petition for writ of habeas corpus for the reasons set forth in the Court’s Memorandum Opinion and Order. Accordingly, and as set forth in the Court’s Memorandum Opinion and Order, the Respondent is ordered to either stipulate to a sentence of life imprisonment without parole or pursue the sentence of death by lethal injection through whatever remedies available to it. The Court instructs the Respondent to determine its course of action within ninety (90) days; and if, it decides to pursue a sentence of death by lethal injection, to pursue such remedies within another an additional one hundred eighty (180) days. The Court finds no substantial showing for a certificate of appealability under 28 U.S.C. § 2254, and it is therefore DENIED. IT IS SO ORDERED this 21st day of August 2019. /s/ Robert T. Dawson ROBERT T. DAWSON SENIOR U.S. DISTRICT JUDGE 1 Dockets.Justia.com
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