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Sims v. Rochelle

United States District Court, E.D. Arkansas, Pine Bluff Division

September 30, 2014

MELVIN EARL SIMS, Plaintiff,
v.
DAMETRIA ROCHELLE, et al., Defendants.

ORDER

BRIAN S. MILLER, Chief District Judge.

A recommended disposition from Magistrate Judge Beth Deere has been received, and no objections have been filed. The recommendation should be, and hereby is, approved and adopted in all respects.

When entering a final order adverse to a habeas corpus petitioner, a certificate of appealability must be issued or denied. Rule 11 of the Rules Governing Section 2254 Cases. A certificate of appealability may issue only if a petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(1)-(2). In this case, there is no basis for this court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.

Mr. Sims's claims are dismissed without prejudice under Local Rule 5.5.

IT IS SO ORDERED.


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